NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wedderburn v Woollahra Municipal Council [2008] NSWLEC 1102
APPLICANT Phillip James Wedderburn PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 11219 of 2007
CORAM: Bly C
KEY ISSUES: Modification Application :- double garage, garage dimensions, heritage impacts.
Environmental Planning and Assessment Act 1979,s 97 & s 96M LEGISLATION CITED: Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995 Paddington Development Control Plan 1999
DATES OF HEARING: 03/03/2008
EX TEMPORE JUDGMENT DATE : 3 March 2008
APPLICANT Mr. P O'Brien, solicitor of Harris and Company LEGAL REPRESENTATIVES:
RESPONDENT Mr. J. Merlino, solicitor of Home Wilkinson Lowry
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
3 March 2008
11219 of 2007 Phillip James Wedderburn v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 In October 2006 the Council granted consent for alterations and additions to the two-storey terrace house at 161 Windsor St, Paddington. This appeal is against the refusal of the s96 application for the deletion of condition 2(a) of that consent. This condition requires that the proposed double garage off Paddington Lane at the rear be replaced with a single car space. The condition was imposed in response to the heritage requirements of Woollahra Local Environmental Plan 1995 and Paddington Development Control Plan 1999.
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