Keenan v Woollahra Municipal Council [2022] NSWLEC 1451

Land and Environment Court New South Wales

Medium Neutral Citation: Keenan v Woollahra Municipal Council [2022] NSWLEC 1451 Hearing dates: Conciliation conference on 18 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The clause 4.6 written request prepared by GSA Planning dated August 2022 to vary the maximum height of buildings development standard in clause 4.3 of Woollahra Local Environmental Plan 2014 is upheld. (2) The appeal is upheld. (3) Development Application No. DA438/2021/1 for alterations and additions to the existing building, change of use from a dual occupancy to a single dwelling, new pool and associated landscaping at 5 Linden Avenue, Woollahra, being Lots 1, 2 and Common Property in Strata Plan 16091 is approved subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Woollahra Local Environmental Plan 2014, cll 4.3, 4.6, 5.21, 6.1, 6.2 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118; (2018) 236 LGERA 256 Wehbe v Pittwater Council [2007] 156 LGERA 446; (2007) NSWLEC 827 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Catherine Keenan (Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitors: A Boskovitz, Boskovitz Lawyers (Applicant) A Kleiss, Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/211099 Publication restriction: Nil