The NSW Land and Environment Court handed down its decision on the Section 97 application by the owners of 25 Victoria Street, which sought to overturn a number of DA conditions imposed by Woollahra Council.
The hearing was on a conciliation basis however both sides could not agree on the critical issue of the extra 3 metres setback from Camp Cove beach that Council applied to the DA.
The Commissioner found that the visual impact of the owners' proposal was, however, "unlikely to have any material impact on the average user of the reserve."
WBA members have strenuously supported Council's recommendations and this finding was clearly a great disappointment.
Similarly, it was agreed that the two pine trees be separated and that one of them be transplanted to the Victoria Street frontage. WBA advocated that the trees formed a visually attractive 'pair' and that transplantation of the 40-year old pine would place it at risk.
Like many major DA's in the area, the applicants engaged a battery of expert advisers and consultants to support their case.
This is another case where the frontage to Camp Cove beach will again have a bulky structure erected that will do little to integrate with the unique environment of the beach area.
