Jones & Anor v Woollahra Municipal Council [2007] NSWLEC 409

Land and Environment Court of New South Wales

CITATION : Jones & Anor v Woollahra Municipal Council [2007] NSWLEC 409

APPLICANT Paul Jones and Carolyn Jones PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10202 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Building alterations/first floor extension - impact on view.

LEGISLATION CITED: Environmental Protection and Assessment Act 1979 Woollahra Local Environment Plan 1995

CASES CITED: Tenacity Consulting v Warringah [2004] NSWLEC 140

DATES OF HEARING: 2 July 2007

EX TEMPORE JUDGMENT DATE : 2 July 2007

Applicant Mr. M. McMahon, solicitor of M. E. McMahon & Associates LEGAL REPRESENTATIVES:

Respondent Mr. S. Simmington, solicitor of Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

2 July 2007

10207 of 2007 Paul Jones and Carolyn Jones v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication. JUDGMENT Background 1 This appeal was lodged against Council's refusal of a development application proposing alterations and extensions to an existing dwelling situated at 3 Myall Avenue, Vaucluse. The full details of the site, proposal and planning controls are contained in the Statement of Basic Facts, on which I rely.