Lederer v Woollahra Municipal Council [2011] NSWLEC 1190

Land and Environment Court New South Wales

Medium Neutral Citation: Lederer v Woollahra Municipal Council [2011] NSWLEC 1190 Hearing dates: 30 June and 1 July 2011 Decision date: 11 July 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The application under s 96 of the Environmental Planning and Assessment Act 1979 to amend the development consent (95/2009) for the demolition of the existing dwelling and construction of a new dwelling at 108 Wolseley Road, Point Piper, is refused. 3. The exhibits, except Exhibits C and D, may be returned. Catchwords: APPEAL - application to modify the development consent for a dwelling to provide two single garages at the street front and consequential internal changes. Impact on streetscape, landscaping and view corridors. Desired future character. Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Pafburn v North Sydney Council [2005] NSWLEC 444 Super Studio v Waverley [2004] NSWLEC 91 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Paul and Eva Lederer (Applicant)

Woollahra Municipal Council (Respondent) Representation: Counsel Mr J Ayling, SC (Applicant)

Mr N Howie, solicitor (Respondent) Solicitors Landerer & Co (Applicant)

Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10314 of 2011

Judgment 1This is an appeal against the refusal by Woollahra Municipal Council (the council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (EPA Act) to amend the development consent (95/2009) for the demolition of the existing dwelling and construction of a new dwelling at 108 Wolseley Road, Point Piper (the site).