Klettenberg v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Klettenberg v Woollahra Municipal Council [2016] NSWLEC 1336 Hearing dates:12 August, 2016Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is upheld.2. Development Application No. 407/2015/01 for the demolition of an existing carport and construction of a new garage with loft structure above and removal of an existing rear balcony and its replacement with a new window and timber deck in the rear courtyard, at 31 Glenmore Road, Paddington, is approved, subject to the conditions of consent at Annexure ‘A’.3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: rear garage and loft structure in a heritage conservation area; resident objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Julien Klettenberg (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr A. Whealy (Applicant) Ms J. Hewitt (Respondent)   Solicitors: Mills Oakley (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):2016/163257Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 407/2015/01 for the demolition of an existing carport and construction of a new garage with loft structure above and removal of an existing rear balcony and its replacement with a new window and timber deck in the rear courtyard (the proposal) at 31 Glenmore Road, Paddington (the site) by Woollahra Council (the Council)....