Redelman v Woollahra Municipal Council [2021] NSWLEC 1089

Land and Environment Court New South Wales

Medium Neutral Citation: Redelman v Woollahra Municipal Council [2021] NSWLEC 1089 Hearing dates: 10 February 2021 Date of orders: 22 February 2021 Decision date: 22 February 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA/354/2016 originally granted on 20 January 2017 for a 3 storey seniors housing development with basement car park at 24 Northland Road, Bellevue Hill (being Lot 9 Section 1 DP 13285) is modified pursuant to s 4.56(1) of the Environmental Planning and Assessment Act 1979. As a consequence, Development Consent No. DA354/2016/3 is approved and is subject to the conditions of consent set out at Annexure A. (3) The exhibits are returned with the exception of Exhibits A, 2 and 3. Catchwords: MODIFICATION APPLICATION – New roof top terrace proposed – modification is substantially the same development – whether the necessity of the open space is a relevant consideration – agreement of experts no impact arises from roof top terrace – appeal upheld Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9 Environmental Planning and Assessment Regulation 2000, Sch 1, cll 3, 50 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004, cll 4, 26, 30 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 28 Woollahra Local Environmental Plan 2014 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Parker Logan Property Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1153 Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Joel Isaac Redelman (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) P Rigg (Solicitor) (Respondent)