MacLeod v Woollahra Municipal Council [2020] NSWLEC 183

Land and Environment Court New South Wales

Medium Neutral Citation: MacLeod v Woollahra Municipal Council [2020] NSWLEC 183 Hearing dates: 15 and 17 December 2020 Date of orders: 24 December 2020 Decision date: 24 December 2020 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [146] Catchwords: DEVELOPMENT APPLICATION - application to install moveable glazing enclosure at the uppermost level of a building - application refused by the Council - review of Council's refusal results in further refusal - compliance with requirements of the Woollahra Development Control Plan 2015 - necessity for cl 4.6 request for dispensation from compliance with height of buildings control - consistency with streetscape and desired future character - extent of visibility from various locations in the public domain - if the proposal is acceptable on general merit bases, request for dispensation from compliance for the height of buildings development standard should be assumed - present northern façade of the prominent building highly visible from the public domain - present northern façade of the building symmetrical - two balcony enclosures approved in 2001 under different planning controls - 2001 balcony enclosures did not impact on the symmetry of the northern façade of the building - proposed development has unacceptable visual impact and impact on the desired future character of the locality - appeal dismissed and proposed development refused consent Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 2014 Woollahra Local Environmental Plan 1995 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Category: Principal judgment Parties: Duncan MacLeod (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr S Griffiths, solicitor (Applicant) Mr J Fan, solicitor (Respondent)