Ergo Architecture & Interiors v Woollahra Council [2011] NSWLEC 1283

Land and Environment Court New South Wales

Medium Neutral Citation: Ergo Architecture & Interiors v Woollahra Council [2011] NSWLEC 1283 Hearing dates: 22 September 2011 Decision date: 29 September 2011 Jurisdiction: Class 1 Before: Morris C Decision: The appeal is dismissed. Catchwords: Development Application: Contributory heritage item; impact of garage. Legislation Cited: Woollahra Local Environmental Plan 1995 Texts Cited: Woollahra Heritage Conservation Area Development Control Plan 2003 Category: Principal judgment Parties: Ergo Architecture & Interiors (Applicant) Woollahra Council (Respondent) Representation: Mr V Conomos Conomos Legal (Applicant)

Ms M Hawley Lindsay Taylor Lawyers (Respondent) File Number(s): 10626 of 2011

Judgment 1This is an appeal against the refusal by Woollahra Council (the council) of Development Application No 314/2010/1 (the application), which proposes alterations to an existing building and street boundary fence to construct a vehicle access point and new basement garage at No 54 Fletcher Street, Woollahara (the site). 2The contentions in the matter are whether the application is consistent with the council's planning controls, particularly those relating to heritage and streetscape.

The site and its context 3The site is located on the southern side of Fletcher Street opposite its intersection with Small Street and has a frontage of 6.095m and area of 191.7sqm. It contains the original single storey timber cottage that has been renovated with a two-storey addition to its rear. With its neighbouring property, No 56, the site forms a pair of Victorian cottages, which were built in 1904. The verandah of the dwelling is setback 2.65m from Fletcher Street and the building is elevated above the street level. 4Development immediately adjoining the site comprises a variety of dwelling houses, many of which are erected across the site due to the narrow width of the allotments. Holy Cross Primary School and Plumb Reserve are located further to the west of the site. 5There is no consistent architectural style evident in the street, development ranges from original cottages to newly constructed two storey dwellings. 6Unlike many of the other blocks within the vicinity of the site, there is no rear lane access available to the site or those lots between Fletcher Lane and the school. Garage doors are located in the front faade of a number of the dwellings in this section of Fletcher Street.