45 Grosvenor St Pty Limited v Woollahra Council [2014] NSWLEC 1090

Land and Environment Court New South Wales

Medium Neutral Citation: 45 Grosvenor St Pty Limited v Woollahra Council [2014] NSWLEC 1090 Hearing dates: 19 May 2014 Decision date: 20 May 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Conditions of consent Legislation Cited: Environmental Planning and Assessment Act 1979; Woollahra Local Environmental Plan 1995; State Environmental Planning Policy No 1 - Development Standards; Environmental Planning and Assessment Regulation 2000 Cases Cited: Whebe v Pittwater Council NSW LEC 827 Texts Cited: Woollahra Heritage Conservation Area Development Control Plan 2003 Category: Principal judgment Parties: 45 Grosvenor St Pty Limited (Applicant) Woollahra Council (Respondent) Representation: Mr V Conomos Conomos Legal (Applicant)

Mr T Flaherty Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 11008 of 2013

Judgment 1The applicant, 45 Grosvenor St Pty Ltd, was granted development consent (DA 288/2013) by Woollahra Council (council) on 5 December 2013 to carry out alterations and additions to the existing building including additions to the rear, new garage with a loft over, attic level with dormer and the use of premises at 45 Grosvenor Street, Woollahra as a dental surgery (medical consulting rooms). 2The applicant is appealing one of the conditions of consent pursuant to s97(2) of the Environmental Planning and Assessment Act 1979 (EPAAct). That condition required amendments to the design and layout of the development.

The site 3The site is a rectangular allotment on the eastern side of Grosvenor Street and is serviced from a rear lane, Dyson Lane. It has a frontage to each roadway of 5.03m, depth of 33.48m and site area of 170.7sqm with slope from south to north across the site by approximately 0.5m. 4There is a two storey Victorian terrace house on the site previously used as a medical centre and a metal carport to the rear accessed off the lane. 5Surrounding development comprises residential and commercial development predominately two storey Victorian terraces used for professional services. Developments to the immediate north and south of the site are dwelling houses. 6Buildings are built at or near the front boundary and there are no consistent rear building lines in the locality at ground or first floor levels. 7Bondi Junction Interchange and commercial precinct and Syd Enfield Drive overpass is located a short distance to the south.