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) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 03 December 2021