Dolton v Woollahra Council [2012] NSWLEC 1317

Land and Environment Court New South Wales

Medium Neutral Citation: Dolton v Woollahra Council [2012] NSWLEC 1317 Hearing dates: 30 October 2012 Decision date: 07 November 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. The application to modify development consent 452/2011 is refused. 3. The exhibits, other than exhibits 2, A and B, are returned. Catchwords: DEVELOPMENT CONSENT - appeal against a condition imposed on a development consent to delete on-site vehicle parking; impact on the heritage significance of the heritage conservation area Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Category: Principal judgment Parties: Victoria and James Dolton (Applicants) Woollahra Council (Respondent) Representation: Mr C McEwen SC (Applicant) Mr S Simington (Solicitor) (Respondent) Solicitors Pikes Verekers Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 10763 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against a condition of consent of Development Consent No 452/2011 by Woollahra Council (the Council) that requires on-site parking (the proposal) to be deleted, at 52 Cambridge Street, Paddington (the site). 2The appeal was subject to mandatory conciliation on 30 October 2012, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. The parties advised, following the site inspection, that there was no prospect of an agreement being reached and so the conciliation conference was terminated pursuant to s 34AA(2)(b) and a hearing held forthwith, pursuant to s 34AA(2)(b)(i).