NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Valmorbida v Woollahra Municipal Council [2008] NSWLEC 8
APPLICANT Adrian Valmorbida PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10859 of 2007
CORAM: Whelan AC
KEY ISSUES: Development Application :- floor space ratio
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan (LEP) 1995 [Darling Point Precinct] Woollahra Residential Development Control Plan 2003
CASES CITED: Edgar Allan Planning Pty Ltd v Woollahra Municipal Council [2006] NSWLEC 790
DATES OF HEARING: 12/12/2007
DATE OF JUDGMENT: 23 January 2008
APPLICANT Mr D. Wilson, barrister Instructed by Lakos & Copmany Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms J. Hewitt, solicitor of Home Wilinson Lowry
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Whelan C
23 January 2008
10859 of 2007 Adrian Valmorbida v Woollahra Municipal Council
JUDGMENT 1 COMMISSIONER: This is a Section 97 appeal against a condition imposed in a DA by Woollahra Municipal Council (The Council) of a development application (DA) to demolish the existing dwelling house and erect a new house comprising a basement car park and storage area and vehicular ramps. A ground floor with living/dining, kitchen, sun room, pool and deck and an outdoor entertainment area. A first floor with four bedrooms with ensuite, rear balcony off the master bedroom and two front balconies. Together with a rain tank under the front set back area.
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