Rose and Sanchez v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Rose & Sanchez v Woollahra Municipal Council [2016] NSWLEC 1348 Hearing dates:10, 11 August 2016Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction:Class 1Before: Dickson C Decision: 1. The appeal is upheld.2. Development Application 436/2015 for alterations and additions to existing dwelling at 58 Glenmore Rd Paddington, is approved subject to the conditions in Annexure A.3. The exhibits, except for exhibits 2 and B, are returned. Catchwords: Development Application: Impact on Paddington Heritage Conservation area; whether development meets objectives of zone; visual & acoustic privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Meriton v Sydney City Council [2004] NSWLEC 313 Davis v Penrith City Council [2013] NSWLEC1141 Trinvivass Pty Ltd v Council of the City of Sydney [2015]NSWLEC15 Kotronakis v Pittwater Council [2015] NSWLEC1508 Texts Cited: Nil Category:Principal judgmentParties: Rose and Sanchez (Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitors: Mr Josh Palmer (Applicant) Mr Stuart Simington (Respondent) File Number(s):2016/155414Publication restriction:NoJudgEment COMMISSIONER: This is an appeal, under s97(1) of the Environmental Planning and Assessment Act, (EPA Act) against the refusal, by Woollahra Council, of Development Application number 436/2015 for alterations and additions to an existing dwelling at 58 Glenmore Rd [Lot B DP448073] (the site). Prior to the commencement of the hearing leave was granted for the applicant to rely on amended plans (Plans version B by JCB Design Partnership Exhibit B), and these were the subject of the...