Stokes v Woollahra Municipal Council [2020] NSWLEC 1436

Land and Environment Court New South Wales

Medium Neutral Citation: Stokes v Woollahra Municipal Council [2020] NSWLEC 1436 Hearing dates: 5, 6 August 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Class 1 Before: Dickson C Decision: See [110] Catchwords: MODIFICATION APPLICATION – application seeks the deletion of conditions that sought to make design amendments to the development for which consent was granted – whether the proposed front fence will impact on the significance of the heritage conservation area – whether the height and form of the proposed fence is inconsistent with the desired future character – whether a splay area is required to provide safe vehicular access – whether the proposed tree removal is acceptable. Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 2014 Cases Cited: Agar Developers Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1505 Mison v Randwick City Council [1991] NSWLR 734 Scully v Hornsby Shire Council [2020] NSWLEC 1347 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Stokes v Waverley Council (No 2) [2019] NSWLEC 174 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Bryant Stokes (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: P Holland (Solicitor) (Applicant) P Rigg (Respondent)