Marsh Cashman Koolloos Architects v Woollahra Council [2011] NSWLEC 1014

Land and Environment Court New South Wales

Medium Neutral Citation: Marsh Cashman Koolloos Architects v Woollahra Council [2011] NSWLEC 1014 Hearing dates: 18 and 19 October 2010 Decision date: 21 January 2011 Jurisdiction: Class 1 Before: Murrell C Decision: 1. The appeal in respect of the property known as no. 12A The Crescent, Vaucluse is upheld 2. The development application submitted to Woollahra Council and as amended, is granted development consent subject to the conditions in Annexure 'A'. 3. The exhibits are returned to the parties with the exception of: exhibits 1, 2, 5, 6; and exhibits A, E, F, G, H and K. Catchwords: DEVELOPMENT CONSENT - erection of 3 storey dwelling house- impact on views; privacy; streetscape; and neighbours. Legislation Cited: Environmental Planning and Assessment Act 1979; Woollahra Local Environmental Plan 1995; Woollahra Residential Development Control Plan 2003 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Marsh Cashman Koolloos Architects (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Ms S Duggan Senior Counsel (Applicant) Solicitors: Gadens Lawyers (Applicant) Mr P Rigg Solicitor (Respondent) Norton Rose Australia (Respondent) File Number(s): 10495 of 2010

Judgment 1The applicant in these proceedings is seeking to construct a three-storey dwelling house on the property known as 12 A The Crescent, Vaucluse. The aerial photograph at Figure 1 shows the site in its context. The proposal involves the demolition of the majority of the existing 2 to 3 storey dwelling house located towards the rear of the site and the erection of a new part single, part two, and part three-storey flat roofed dwelling house with an attached double garage at ground floor level and an inground swimming pool to the western rear garden of the site that adjoins the Parsley Bay Reserve. Figures 2 and 3 show the site plan and elevations of the proposed dwelling. 2The roof of the front single-storey component is proposed to be landscaped rooftop planters. This component accommodates a double garage, guest bedroom and a family media room, separated by 3 courtyards with landscaping with an additional excavated landscaped area at the front of the site. The proposal includes a stone footbridge to extend from the street frontage over the roof of the front single storey component to the entrance of the dwelling at the second level of the 2 to 3 storey portion of the dwelling located towards the rear of the site.