Jakob v Woollahra Municipal Council (No 2) [2021] NSWLEC 1743

Land and Environment Court New South Wales

Medium Neutral Citation: Jakob v Woollahra Municipal Council (No 2) [2021] NSWLEC 1743 Hearing dates: 5 & 19 August 2021; mention on 30 November 2021 Date of orders: 03 December 2021 Decision date: 03 December 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: See final orders at [3] below. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing dwelling – change to existing built form including the addition of a new level – contravention of the height of buildings development standard – consideration of cl 4.6 written request to vary the height of buildings development standard – concerns relating to view loss Cases Cited: Jakob v Woollahra Municipal Council [2021] NSWLEC 1667 Category: Principal judgment Parties: Alexandra Lee Jakob (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) P Rigg (Solicitor) (Respondent)

Solicitors: Hones Lawyers (Applicant) Peter R Rigg (Respondent) File Number(s): 2020/336336 Publication restriction: Nil

Judgment 1. On 12 November 2021, I handed down my reasons for judgment in the Class 1 appeal, Jakob v Woollahra Municipal Council [2021] NSWLEC 1667. At [90] of Jakob v Woollahra Municipal Council, I directed the parties to confer and settle the conditions in accordance with my reasons for judgment and to provide a copy to the Court. 2. On 30 November 2021, the parties settled on the conditions and a copy of the agreed conditions were filed with the Court the next day. Following receipt of the conditions, I am satisfied that the conditions accord with my reasons for judgment and I now make the following orders. 3. The Court orders that: 1. The appeal is upheld. 2. Development consent is granted to DA 176/2020 for alterations and additions to an existing residential dwelling in order to facilitate a change of use to a residential flat building incorporating 2 x one bedroom units and 1 x three bedroom unit at 50 Wolseley Road, Point Piper, subject to conditions as set out in Annexure A. 3. All exhibits are returned except for 1, A and H. ……………………… S Dixon Senior Commissioner of the Court Annexure A (671899, pdf)