Sarris v Woollahra Municipal Council [2008] NSWLEC 1432

Land and Environment Court of New South Wales

CITATION : Sarris v Woollahra Municipal Council [2008] NSWLEC 1432

APPLICANT Chris Sarris PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10557 of 2008

CORAM: Tuor C

Development Application :- Demolish an existing dwelling and construct a new three-storey residence and garage KEY ISSUES: Consent orders

height, privacy and overshadowing

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 15/10/2008

EX TEMPORE JUDGMENT DATE : 15 October 2008

APPLICANT Mr M. Bonanno, solicitor of Mills Oakley Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Simington, solicitor of Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

15 October 2008

10557 of 2008 Chris Sarris v Woollahra Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the deemed refusal by Woollahra Council (the council) of an application to demolish an existing dwelling and construct a new three-storey residence and garage at 10 Raine Street, Woollahra (the site). 2 The issues between the parties have been resolved through the provision of amended plans and the parties are seeking consent orders from the Court. 3 Council's principal concern initially related to the three-storey height of the building and the impact on streetscape. This has been addressed by the third storey being set back sufficiently from the street for the building to largely appear as a two-storey building and be consistent in height with other dwellings in the street. 4 Other concerns were raised regarding privacy, which has been addressed by the removal of a terrace over the garage and the imposition of conditions relating to planter boxes. 5 There remains an outstanding concern of the adjoining resident, Mr Nicholson, at 8 Raine Street, the property to the south, in regards to overshadowing of his backyard and north facing windows. The joint expert report prepared by Ms Belinda Thomas and Ms Louise Thom on behalf of Woollahra Council, and Ms Jenny Askins on behalf of the applicant has addressed this issue and concludes that the overshadowing of this property to be acceptable. It states that the Woollahra Development Control Plan (The DCP) does not include controls with regard to solar access to north-facing windows as the DCP allows for development to be built to the boundary. 6 The experts agreed that a compliant development would reduce solar access to the north-facing windows of adjoining properties to the south. The overshadowing of the north-facing windows of 8 Raine Street is therefore consistent with what is anticipated by the planning controls. 7 I accept that the issues between the parties are resolved and that the consent orders sought by the parties can be granted. Orders 8 The consent orders are: 1. The appeal is upheld. 2. The development application (855/2007/1) for demolition of an existing dwelling and construction of a new three-storey residence and garage at 10 Raine Street, Woollahra is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 1 and A may be returned.