Martin–Weber v Woollahra Municipal Council [2008] NSWLEC 36

Land and Environment Court of New South Wales

CITATION : Martin–Weber v Woollahra Municipal Council [2008] NSWLEC 36

APPLICANT Robyn Anne Martin–Weber and Mitchell Martin–Weber PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11006 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- alterations and additions to an existing dwelling - ·excessive bulk and scale - adverse amenity impacts - unacceptable heritage impacts - adverse impacts on the streetscape - public interest.

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

DATES OF HEARING: 17/12/07

DATE OF JUDGMENT: 1 February 2008

APPLICANT Mr T Robertson SC SOLICITORS Herbert Geer & Rundle LEGAL REPRESENTATIVES: RESPONDENTS Mr S Simmington, solicitor SOLICITORS Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

1 February 2008

11006 0f 2007 Robyn Anne Martin–Weber and Mitchell Martin–Weber v Woollahra Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Woollahra Municipal Council (the council) of DA 571/2006/1 for alterations and additions to an existing dwelling at 51 John Street Woollahra (the site). The site 2 The site has a southern boundary of 11.28 m to John Street, a 10.67 m northern boundary to Bowden Street, an eastern boundary of 36.335 m and a western boundary of 36.375 m giving a site area of 399.2 sq m. A single storey Victorian house is located on the site and is setback 9.4 m from John Street. To the rear of the original cottage is a double storey addition. A double garage is located with access off Bowden Street. A mature liquidambar tree is located within the front setback area.