K Z Holdings Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1181

Land and Environment Court New South Wales

Medium Neutral Citation: K Z Holdings Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1181 Hearing dates: 8 April 2015 Date of orders: 25 May 2015 Decision date: 01 May 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to the filing of consolidated conditions of consent Catchwords: MODIFICATION APPLICATION: Extensions and alterations; visual impact on heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 2014 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: K Z Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Applicant: Mr M Campbell (Solicitor) Respondent: Mr S Patterson (Solicitor)

Solicitors: Applicant: Mark Campbell & Co Respondent: Wiltshire Webb Staunton Beatty Lawyers File Number(s): 10034 of 2015

Judgment 1. COMMISSIONER: The applicant appeals Woollahra Municipal Council's refusal of Modification Application No. 371/2011/3 for alterations and additions to a dwelling at 37 Grosvenor Street, Woollahra (the site). 2. The appeal is made under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act).

The site and its locality 1. The site is on the eastern side of Grosvenor Street within the Woollahra Heritage Conservation Area. The site backs onto Dyson Lane. 2. According to the joint report of the heritage experts (exhibit 3), the dwelling on the site is a single storey Victorian Italianate style cottage with a decorative front parapet. The roof has a single pitch and the rear of the dwelling, and when viewed from Dyson Lane, is a mix of alterations and additions carried out over the decades. 3. The dwelling is sandwiched between two adjoining two storey Victorian terraces. Number 41 Grosvenor Street to the north is of a similar style and vintage with a more recent first floor addition visible behind the front parapet. Number 43 has a single storey frontage with a dormer window. 4. The heritage experts agree that "Grosvenor Street in the vicinity of the site is characterised by a mix of quite tightly packed single and two storey late Victorian terrace houses, progressively stepping down the sloping topography". Grosvenor Street slopes down from south to north; there is a slight cross-fall from east to west. 5. Bondi Junction business district and interchange is within about 100 m to the south of the site.