Austin v Woollahra Municipal Council [2016] NSWLEC 1226

Land and Environment Court New South Wales

Medium Neutral Citation: Austin v Woollahra Municipal Council [2016] NSWLEC 1226 Hearing dates: 6 June, 2016 Date of orders: 08 June 2016 Decision date: 08 June 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 507/2015 for a new rear dormer window is approved, subject to the conditions at Annexure A. 3. The exhibits, other than exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to a terrace house located in the Paddington Heritage Conservation Area; new rear dormer window; roller door on rear boundary to provide access from lane. Category: Principal judgment Parties: Mr John Austin (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Self-represented (Applicant) Mr Peter Rigg solicitor (Respondent) File Number(s): 2016/155216 (formerly 10151 of 2016)

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 507/2015 for alterations and additions to a terrace house including a new rear dormer window and roller garage door on the rear boundary (the proposal) at 30 Gosbell Street, Paddington (the site) by Woollahra Municipal Council (the Council). 2. The appeal was subject to mandatory conciliation on 6 June, 2015, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). 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) of the LEC Act. The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.