NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Girilang Developments v Woollahra Municipal Council [2009] NSWLEC 1088
APPLICANT Girilang Developments Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 11289 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- consent orders - construction of a 3 storey residential flat building containing 5 units - existing use rights - resident objections
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 23/03/09
EX TEMPORE JUDGMENT DATE : 23 March 2009
APPLICANT Ms S Hill, solicitor SOLICITORS Susan Hill & Associates
RESPONDENT Mr S Simington, solicitor LEGAL REPRESENTATIVES: SOLICITORS Lindsay Taylor Lawyers
JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
23 March 2009
11289 of 2008 Girilang Developments Pty Ltd v Woollahra Municipal Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA 433/2008 by Woollahra Municipal Council for the demolition of an existing 2 storey residential flat building containing 4 units and the construction of a 3 storey residential flat building containing 5 units at 30 Girilang Avenue, Vaucluse.
2 The site is zoned Residential 2(a) under Woollahra Local Environmental Plan 1995. Residential flat buildings are a prohibited use within this zone however the sites benefits from the existing use rights provisions in s 106 of the Environmental Planning and Assessment Act 1979.
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