K Z Holdings Pty Ltd v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: K Z Holdings Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1181 Hearing dates:8 April 2015Date of orders: 25 May 2015 Decision date: 01 May 2015 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld subject to the filing of consolidated conditions of consent Catchwords: MODIFICATION APPLICATION: Extensions and alterations; visual impact on heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 2014 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 Category:Principal judgmentParties: K Z Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Applicant: Mr M Campbell (Solicitor) Respondent: Mr S Patterson (Solicitor) Solicitors: Applicant: Mark Campbell & Co Respondent: Wiltshire Webb Staunton Beatty Lawyers File Number(s):10034 of 2015Judgment COMMISSIONER:   The applicant appeals Woollahra Municipal Council’s refusal of Modification Application No. 371/2011/3 for alterations and additions to a dwelling at 37 Grosvenor Street, Woollahra (the site). The appeal is made under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act). The site and its locality The site is on the eastern side of Grosvenor Street within the Woollahra Heritage Conservation Area. The site backs onto Dyson Lane. According to the joint report of the heritage experts (exhibit 3), the dwelling on the site is a single storey Victorian Italianate style cottage with a decorative front parapet. The roof has a single pitch and the rear of the dwelling,...