Rose & Sanchez v Woollahra Municipal Council [2016] NSWLEC 1348

Land and Environment Court New South Wales

Medium Neutral Citation: Rose & Sanchez v Woollahra Municipal Council [2016] NSWLEC 1348 Hearing dates: 10, 11 August 2016 Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction: Class 1 Before: Dickson C Decision: 1. The appeal is upheld. 2. Development Application 436/2015 for alterations and additions to existing dwelling at 58 Glenmore Rd Paddington, is approved subject to the conditions in Annexure A. 3. The exhibits, except for exhibits 2 and B, are returned. Catchwords: Development Application: Impact on Paddington Heritage Conservation area; whether development meets objectives of zone; visual & acoustic privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Meriton v Sydney City Council [2004] NSWLEC 313 Davis v Penrith City Council [2013] NSWLEC1141 Trinvivass Pty Ltd v Council of the City of Sydney [2015]NSWLEC15 Kotronakis v Pittwater Council [2015] NSWLEC1508 Texts Cited: Nil Category: Principal judgment Parties: Rose and Sanchez (Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitors: Mr Josh Palmer (Applicant) Mr Stuart Simington (Respondent) File Number(s): 2016/155414 Publication restriction: No

JudgEment 1. COMMISSIONER: This is an appeal, under s97(1) of the Environmental Planning and Assessment Act, (EPA Act) against the refusal, by Woollahra Council, of Development Application number 436/2015 for alterations and additions to an existing dwelling at 58 Glenmore Rd [Lot B DP448073] (the site). Prior to the commencement of the hearing leave was granted for the applicant to rely on amended plans (Plans version B by JCB Design Partnership Exhibit B), and these were the subject of the proceedings. 2. The appeal was subject to mandatory conciliation on 10 May 2016, in accordance with the provisions of s 34 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 34(4) of the LEC Act. The proposal was amended following the termination of the conciliation conference and leave was granted by the Court on 10 June 2016 for the applicant to rely on the amended proposal. 3. The alterations and additions proposed (the proposal) principally affect the rear elevation of the existing terrace house and include the following scope of works: Lower Ground floor: * Extend the rear wing to the northern boundary, including part demolition of existing rear wall, and internal walls (outside the Principal Building form) * Construction of a new rear elevation * Demolition and reconfiguration of internal stairs Ground Floor (Glenmore road level): * Extend the rear wing to the northern boundary, insertion of new opening in existing rear wall, and demolition of internal walls (outside the Principal Building form) * Construction of a new rear elevation * Demolition and reconfiguration of internal stairs * Removal of existing balcony First Floor: * Extend the rear wing to the northern boundary, insertion of new opening in existing rear wall, and demolition of internal walls (outside the Principal Building form) * Construction of a new rear elevation and balcony * Demolition and reconfiguration of internal stairs Attic: * Insertion of roof skylights