Onikul v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Onikul & anor v Woollahra Municipal Council [2015] NSWLEC 1345 Hearing dates:14-15 July 2015Date of orders: 20 August 2015 Decision date: 06 August 2015 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld – see [107] Catchwords: DEVELOPMENT APPLICATION: Demolition of a contributory item; architectural heritage, streetscape. Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 2014 Cases Cited: Helou v Strathfield Council [2006] NSWLEC 66 Category:Principal judgmentParties: Naum and Rita Onikul (Applicants) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC and J McKelvey (Applicants) S Flanigan (Respondent)   Solicitors: Leon Ratner, & Legal (Applicants) Norton Rose Fulbright Australia (Respondent) File Number(s):10365 of 2015Judgment COMMISSIONER:   John Street Woollahra is characterised by a relatively eclectic mix of single and two storey Victorian terraces and semi-detached dwellings interspersed with contemporary two storey free standing and attached dwellings, some with garages or carports in the front setback. At 58 John Street (the site) is a modest single storey dwelling set slightly back from its western neighbour and with hardstand car parking in the front setback. The house, known as the ‘Reynolds House’, was designed by the prominent Australian architect Glen Murcutt and constructed between 1978 and 1979. Relevantly, during the development assessment phase of the Reynolds House, the council required design changes to ensure that the building would relate to, and not dominate, the single storey cottage at 56 John Street. In 1980 the Australian Institute of...