Cagliarini v Woollahra Municipal Council [2018] NSWLEC 1024

Land and Environment Court New South Wales

Medium Neutral Citation: Cagliarini v Woollahra Municipal Council [2018] NSWLEC 1024 Hearing dates: 18 January 2018 Date of orders: 24 January 2018 Decision date: 24 January 2018 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. DA No. 562/16 for alterations and additions to an existing terrace house at 60 Cameron Street Edgecliff is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 1, A, B and D. Catchwords: DEVELOPMENT APPLICATION: removal of condition of consent granted by council seeking deletion of attic as part of approval for alterations and additions to an existing terrace house Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 2014 Category: Principal judgment Parties: Adam Cagliarini (Applicant) Woollahra Municipal (Respondent) Representation: Counsel: Mr J Palmer, solicitor (Applicant) Ms S Puckeridge, solicitor (Respondent)

Solicitors: Pikes & Verekers Lawyers (Applicant) Lindsay Taylor Lawyers.(Respondent) File Number(s): 2017/117315 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal was originally filed on 19 April 2017 as a deemed refusal of DA No. 562/16 for alterations and additions to an existing terrace house at 60 Cameron street Edgecliff (the site). On 11 May 2017, Development Consent was granted by the council to DA No. 562/2016 subject to conditions. The appeal remained on foot as the applicant opposed three conditions imposed by the council. The scope of the dispute was narrowed following the submission of amended plans with the only condition remaining in dispute was condition C.1(a) which states: C.1 Modification of Details of the Development (Section 80A(1)(g) of the Act) The approved plans and the Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the following amendments: (a) Attic is to be deleted. In order to comply with controls C.1, C.3 & C.7, and objectives O1,LO4, O6, O7, O8 O9, O10 of Section CI.4.1, controls C3, C4 & C6, and objectives O1, O3 & O4 of Section CI.4.3, controls CI, C3 & C6, and objectives O1 & O3 of Section C1.4.4, control C1, C3 & C7 and objectives O1,O3 & O4 of Section C1.4.5, Control C4 and Objective O2 of Section CI.4.10, controls C2, C3, C5, CI 1, C14 & C23, and objectives O1, O2 & O3 of Section CI.5.1 of Woollahra Development Control Plan 2015, the works to the attic, including the new attic, stairs to the attic, box gutter, dormer, skylight and new floor are to be deleted, and the existing skillion roof form is to be retained. 1. The attic forms one part of the alterations and additions to the existing terrace house and involves the removal of the existing skillion roof and replacement with a pitched roof to provide for the attic space.