Girilang Developments v Woollahra Municipal Council

[2009] NSWLEC 1088

Land and Environment Court

of New South Wales

CITATION:

Girilang Developments v Woollahra Municipal Council [2009] NSWLEC 1088

PARTIES:

APPLICANT
Girilang Developments Pty Ltd

RESPONDENT
Woollahra Municipal Council

FILE NUMBER(S):

11289 of 2008

CORAM:

Brown C

KEY ISSUES:

DEVELOPMENT APPLICATION :- consent orders - construction of a 3 storey residential flat building containing 5 units - existing use rights - resident objections

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

DATES OF HEARING:

23/03/09

EX TEMPORE JUDGMENT DATE:

23 March 2009

LEGAL REPRESENTATIVES:

APPLICANT
Ms S Hill, solicitor
SOLICITORS
Susan Hill & Associates

RESPONDENT
Mr S Simington, solicitor
SOLICITORS
Lindsay Taylor Lawyers

JUDGMENT:

- 1 -

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Brown C

23 March 2009

11289 of 2008 Girilang Developments Pty Ltd v Woollahra Municipal Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal of DA 433/2008 by Woollahra Municipal Council for the demolition of an existing 2 storey residential flat building containing 4 units and the construction of a 3 storey residential flat building containing 5 units at 30 Girilang Avenue, Vaucluse.

2 The site is zoned Residential 2(a) under Woollahra Local Environmental Plan 1995. Residential flat buildings are a prohibited use within this zone however the sites benefits from the existing use rights provisions in s 106 of the Environmental Planning and Assessment Act 1979.

3 The proceedings were originally set down for a Court Hearing however prior to the hearing, the parties entered into Consent Orders. In accordance with par 36 of the Practice Note – Class 1 Appeals an opportunity is provided for any person who objected to the proposed development to be heard in the Courts consideration of the Consent Orders. While the council's Statement of Facts and Contentions identified two objectors to the proposed development, additional objections were contained within the council's bundle of documents however no objector sought to be heard in the Courts determination of the appeal.

4 Mr Simington for the council, pointed out two specific concerns raised by local residents. Mr Theodoulou, the owner of 3/55 Captain Pipers Road (at the rear of the site) raised concern with overlooking and the need to provide frosted glass in the rear windows of the proposed development and Mr J Adler of 31 Girilang Avenue (opposite the site) raised concern with the need to extend the dilapidation report to his property. The council did not consider that either request could be justified and I concur with this conclusion.

5 The Court had the benefit of a joint town planning report from Ms Sue Francis and Mr Lewis Adey that addressed the planning issues in the appeal.

6 There being no reason why development consent not be granted, the Orders of the Court, by consent, are:

1. The appeal is upheld.
2. The development application (433/2008) for demolition of existing 4 unit residential flat building and the erection of a 5 unit residential flat building with 8 basement car parking spaces at 30 Girilang Avenue Ave Vaucluse is approved subject to the conditions in Annexure A.
3. No order has to costs.
4. The exhibits are returned with the exception of exhibit A.
___________
G T Brown
Commissioner of the Court