NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Michael Suttor Architects Pty Ltd v Woollahra Muncipal Council [2009] NSWLEC 1285
APPLICANT Michael Suttor Architects Pty Ltd PARTIES : RESPONDENT Woollahra Muncipal Council
FILE NUMBER(S) : 10256 of 2009
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- appeal against conditions imposed on the approval for the demolition of an existing dwelling house and the erection of a new dwelling house and ancillary works - view loss - bulk/scale - view from Sydney Harbour
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
CASES CITED: Tenacity Consulting v Warringah [2004] NSWLEC 140
DATES OF HEARING: 4 August 2009
EX TEMPORE JUDGMENT DATE : 4 August 2009
APPLICANT Mr M Craig QC with Dr S Berveling, barrister
LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor SOLICITORS Willshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
4 August 2009
10256 of 2009 Michael Suttor Architects Pty Ltd v Woollahra Muncipal Council
JUDGMENT 1 COMMISSIONER: This is an appeal against conditions imposed by Woollahra Municipal Council (the council) on the approval of DA 718/2008/1 for the demolition of an existing dwelling house and the erection of a new dwelling house and ancillary works at 84 Wentworth Road, Vaucluse (the site). 2 The condition in dispute is condition C.1(a). This condition states: (a) In order to mitigate view loss from unit 4/75 Fitzwilliam Road and to maintain the existing rear setback pattern for the harbour the proposed dwelling is to be sited no further forward than the existing north-western corner of the existing dwelling. 3 The appeal originally included conditions C.1(b) and C.1(d), however the exclusion of conditions C.1(b) was not opposed by the council and the applicant accepted an amended version of condition C.1(d).
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