Hamilton v Woollahra Municipal Council [2019] NSWLEC 1313

Land and Environment Court New South Wales

Medium Neutral Citation: Hamilton v Woollahra Municipal Council [2019] NSWLEC 1313 Hearing dates: 13 –14 June 2019 Date of orders: 01 August 2019 Decision date: 04 July 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted for DA 208/2017 for the demolition of an 1890's single-storey timber cottage fronting Gap Road, the construction of 2 x two-bedroom serviced apartments fronting Gap Road, the retention of the existing sandstone building fronting Military Road and the excavation and construction of provision of three parking spaces and turntable, garbage storage at basement level, with access from the Military Road frontage, subject to conditions in Annexure 'A'. (3) All exhibits are returned, except for Exhibits D, P and 10. Catchwords: DEVELOPMENT APPEAL – proposed demolition of heritage item – Watsons Bay heritage conservation area – adaptive reuse – statement of heritage significance Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 2014 Cases Cited: Berk & Kersch v Woollahra Council (Land and Environment Court of New South Wales, Assessor Bly, 13 May 1996) Texts Cited: Burra Charter, Australian ICOMOS Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Robyn Hamilton (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) J Cole (Respondent)