Gergely & Pinter Architects Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1084

Land and Environment Court New South Wales

Medium Neutral Citation: Gergely & Pinter Architects Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1084 Hearing dates: 16 May 2013 Decision date: 17 May 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1.The appeal is dismissed. 2.The development application (DA119/2012/1) for alterations and additions incorporating an additional storey to the flat roof of an existing dwelling house at 4 Fisher Avenue Vaucluse is refused. 3.The exhibits, except Exhibits 2, A and B may be returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing building to provide an additional storey. Impact on views and privacy. Legislation Cited: Woollahra Local Environmental Plan 1995 Cases Cited: Pafburn v North Sydney Council [2005] NSWLEC 444 Super Studio v Waverley Council [2004] NSWLEC 91 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: Gergely & Pinter Architects Pty Ltd (Applicant)

Woollahra Municipal Council (Respondent) Representation: Mr I Hemmings (Applicant) Ms M Peatman Hunt & Hunt (Applicant)

Mr S Patterson Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10129 of 2013

Judgment 1This is an appeal under s97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a development application (DA119/2012/1) by Woollahra Council (council) for alterations and additions incorporating an additional storey to the flat roof of an existing dwelling house at 4 Fisher Avenue Vaucluse (site). 2The key issues in dispute are the impact of the proposed development on views from nearby properties and the extent of privacy measures to limit overlooking.