Dove & Lee Investments Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Dove & Lee Investments Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1184 Hearing dates: 20, 21 August 2013 Decision date: 30 August 2013 Jurisdiction: Class 1 Before: Brown C Decision: On filing of amended plans and amended conditions that reflect the findings in the judgment, the Court will make the following orders in chambers: 1. The appeal is upheld. 2. DA559/2012 for the demolition of an existing single storey timber cottage and outbuilding and the construction of a part 3 storey and part 4 storey dwelling with pool and single garage at 6 Hargrave Street (also 8 Hargrave Lane) Paddington is approved subject to the conditions in Annexure A. 3.The exhibits are returned with the exception of exhibit 5. Catchwords: DEVELOPMENT APPLICATION: demolition of an existing single storey timber cottage and the construction of a part 3 storey and part 4 storey dwelling - impact on heritage significance of the Paddington Heritage Conservation Area - bulk and scale Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 Woollahra Local Environmental Plan 1995 Cases Cited: Helou v Strathfield Municipal Council [2006] NSWLEC 66 Category: Principal judgment Parties: Dove & Lee Investments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Mr J Doyle, barrister (Applicant) Mr P Rigg, solicitor (Respondent) Makinson D'Apice Lawyers (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s): 10451 of 2013