NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Knox v Woollahra Municipal Council [2008] NSWLEC 1277
APPLICANT Kate Knox PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 11088 of 2007
CORAM: Murrell C
KEY ISSUES: Appeal :- s 34 conciliation conference, height of rear yard, heritage, landscape, impact on amenity of area, character, privacy, overlooking, overshadowing, acoustic, views, vegetation.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Woollahra Development Control Plan
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167 Super Studio v Waverley [2004] NSWLEC 91
DATES OF HEARING: 19/02/2008, 09/04/2008 and 10/04/2008
EX TEMPORE JUDGMENT DATE : 10 April 2008
APPLICANT Mr D. Brigden, solicitor of Holdings Rodlich LEGAL REPRESENTATIVES:
RESPONDENT Mr T. Merlino, solicitor of Home Wilkinson Lowry
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
10 April 2008
11088 of 2007 Kate Knox v Woollahra Municipal Council This determination was given extemporaneously and it has been edited prior to publication
JUDGMENT 1 By way of background, this matter commenced as a s 34 conciliation conference on site. The subject site is No. 98 Paddington Street, Paddington. Subsequent to the conciliation conference amended plans were submitted. The parties have now come to Court and both agreed the matter should now proceed by way of adjudication under s 34 as the parties have not reached agreement.
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