Griffin v Woollahra Municipal Council [2021] NSWLEC 1359

Land and Environment Court New South Wales

Medium Neutral Citation: Griffin v Woollahra Municipal Council [2021] NSWLEC 1359 Hearing dates: Conciliation conference on 5 March 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Class 1 Before: Shiels AC Decision: The Court orders: (1) The Applicant is granted leave to amend the application to rely upon the following plans and documents: (a) Architectural Plans prepared by Design . ia: (i) A00 Rev-02 - Site Location + Development Data - dated 08/03/2021 (ii) A01 Rev-02 - Site + Survey - Pt. A (iii) A02 Rev-02 - Site + Survey - Pt. B (iv) A100 Rev-04 - Floor Plans - LEC (v) A300 Rev-04 - Elevations E-01 E-02 - LEC (vi) A301 Rev-04 - Elevations E-03 E-04 + Typical Building Section - LEC (vii) A302.1 Rev-03 - Sight Lines - LEC (viii) A5.1.1 Rev-04 - Perspectives + Photomontages - LEC (b) DVS Addendum - ADG Compliance Checklist Rev. 2; (c) Clause 4.6 Variation Request - Minimum Lot Size Ref. 1963, dated 15.02.2021; and (d) Schedule of Conservation Works prepared by Weir Phillips Heritage and Planning dated February 2021. (2) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 prepared by Avenue Studios and dated 15 February 2021 regarding the minimum lot size development standard under clause 1.4A of the Woollahra Local Environmental Plan 2014 is upheld. (4) The appeal is upheld. (5) Development Application DA193/2020 for alterations and additions to the existing residential flat building including a new level accommodating one additional unit at 3 Trelawney Street, Woollahra NSW 2025 is approved subject to the conditions of consent annexed hereto and marked "A". Catchwords: APPEAL – development application – residential flat building – breach of minimum lot size development standard – cl 4.6 – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Andrew Griffin (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Stan Kondilios (Solicitor) (Applicant) Jane Hewitt (Solicitor) (Respondent)