Levy & Anor v Woollahra Municipal Council [2010] NSWLEC 1119

Land and Environment Court of New South Wales

CITATION : Levy & Anor v Woollahra Municipal Council [2010] NSWLEC 1119

APPLICANTS Marcus Levy and Vanessa Sanchez Levy PARTIES :

RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10930 of 2009

CORAM: Pearson C

KEY ISSUES: DEVELOPMENT APPLICATION :-

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003

Zhang v Canterbury City Council (2001) 115 LGERA 373 CASES CITED: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 Tenacity Consulting v Warringah [2004] NSWLEC 140

DATES OF HEARING: 26 February, 23 April 2010

DATE OF JUDGMENT: 11 June 2010

APPLICANTS Mr I Hemmings, barrister Instructed by Ms S Hill LEGAL REPRESENTATIVES: Susan Hill & Associates Lawyers RESPONDENT Mr N Howie, solicitor Wilshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner Pearson

11 June 2010

10930 of 2009 Marcus Levy and Vanessa Sanchez Levy v Woollahra Council

JUDGMENT 1 Commissioner: This is an appeal pursuant to s97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against the determination by Woollahra Council (the Council) to refuse consent to a development application DA 532/2008 for the demolition of an existing dwelling and the erection of a dwelling at 30 Kings Road Vaucluse (the site). 2 The application proposes the erection of a three storey, flat roofed dwelling house incorporating below ground double garage, and a predominantly above-ground swimming pool at the rear of the site.