Buttery v Woollahra Council [2014] NSWLEC 1219

Land and Environment Court New South Wales

Medium Neutral Citation: Buttery v Woollahra Council [2014] NSWLEC 1219 Hearing dates: 15 September 2014 Decision date: 28 October 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 150/2014/1 for alterations and additions to an existing dwelling at 39 Holdsworth Street, Woollahra, is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to a dwelling identified as being contributory to the Woollahra heritage conservation area; off street parking in the front setback. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Osborne v Woollahra Municipal Council [2013] NSWLEC 1264 Segal v Waverley (1995) 64 NSWLR 177 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: Mr Gary Buttery (Applicant) Woollahra Municipal Council (Respondent) Representation: Mr G Green (Applicant) Mr A Hudson (Respondent) Pikes & Verekers Lawyers (Applicant) Wiltshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10483 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 150/2014/1 for alterations and additions to an existing dwelling (the proposal) at 39 Holdsworth Street, Woollahra (the site) by Woollahra Council (the Council). 2The appeal was subject to mandatory conciliation on 15 September 2014, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As agreement was not reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s 34AA(2)(b)(i). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.