Askaro v Woollahra Municipal Council [2021] NSWLEC 1581

Land and Environment Court New South Wales

Medium Neutral Citation: Askaro v Woollahra Municipal Council [2021] NSWLEC 1581 Hearing dates: 14 September 2021 Date of orders: 5 October 2021 Decision date: 05 October 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA448/2019/1 for the demolition of the existing dwelling house and the construction of a new 3 storey dwelling house at 4 Loch Maree Place, Vaucluse, subject to the conditions of consent contained at Annexure A. (3) All exhibits are returned, except for Exhibits A, B, C, 2 and 5. Catchwords: DEVELOPMENT APPLICATION – dwelling house development in R2 Low Density Residential zone – view loss – consideration of public submissions Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA Woollahra Local Environmental Plan 2014, cll 4.3, 6.1, 6.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, c 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, Part 2, cl 13 Cases Cited: Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Woollahra Development Control Plan 2015 Photomontage Policy, published by the Land and Environment Court Category: Principal judgment Parties: Patriza Askaro (First Applicant) Banipal Askaro (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: S Kondilios (Solicitor)(Applicant) P Rigg (Respondent)