Cracknell and Lonergan Architects Pty Ltd v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Cracknell & Lonergan Architects Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1443 Hearing dates:15 August 2016Date of orders: 27 September 2016 Decision date: 27 September 2016 Jurisdiction:Class 1Before: Smithson C Decision: 1.   The appeal is upheld.2.   Development application 2015/171 for adaptive reuse of a warehouse for a boarding house at 6-10 Cecil Street, Paddington is approved subject to the conditions set out in Annexure “A”.3. The exhibits, other than Exhibits A, B and 2, are returned. Catchwords: DEVELOPMENT APPLICATION: adaptive reuse of warehouse; Paddington Heritage Conservation Area; boarding house; resident objections; overshadowing; height; FSR; character; parking; public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 2014 Category:Principal judgmentParties: Cracknell & Lonergan Architects Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr A Pickles (Applicant) Solicitors: A Knox, Pikes & Verekers Lawyers (Applicant) S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):150743 of 2016Publication restriction:No-Judgment COMMISSIONER: This appeal, pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (the Act), is against the refusal of Woollahra Municipal Council (the Council) of Development Application 2015/171 (the application) for the adaptive reuse of a warehouse for a boarding house at 6-10 Cecil Street, Paddington (the site). The application was lodged in April 2015 and assessed under the provisions of State Environmental...