Vasiliou v Woollahra Municipal Council [2013] NSWLEC 1050

Land and Environment Court New South Wales

Medium Neutral Citation: Vasiliou v Woollahra Municipal Council [2013] NSWLEC 1050 Hearing dates: 25 March 2013 Decision date: 26 March 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld 2. The application under s96(2) of the Environmental Planning and Assessment Act to modify development consent (DA259/10) for alterations and additions to an existing terrace at 34 Gosbell Street, Paddington is approved subject to the conditions in Annexure A. 3. The exhibits may be returned Catchwords: DEVELOPMENT CONSENT - modify development consent to remove condition requiring deletion of parking space. Whether adequate private open space provided. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act Woollahra Local Environmental Plan 1995 Category: Principal judgment Parties: Stavros Vasiliou (Applicant)

Woollahra Municipal Council (Respondent) Representation: Mrs ML Taylor of Bartier Perry (Applicant)

Mr K Webber of Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10023 of 2013

Judgment 1This is an appeal under s97AA of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Woollahra Municipal Council (council) of an application under s 96(2) to modify development consent (DA259/2010) for alterations and additions to an existing terrace at 34 Gosbell Street, Paddington (site). 2The s96 application seeks to delete condition C1(f) of the development consent, which requires the proposed onsite parking space, raising of the existing rear courtyard levels, wheel stopper, vehicle entry gate and the proposed driveway cross over, to be deleted.