Taylor v Council of the Municipality of Woollahra [2022] NSWLEC 1658

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Council of the Municipality of Woollahra [2022] NSWLEC 1658 Hearing dates: Conciliation conference on 9, 10 and 30 June 2022, 5, 14 and 22 July 2022, 9 August 2022, 24 October 2022 and 2, 8 and 15 November 2022 Date of orders: 29 November 2022 Decision date: 29 November 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant's written request pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP) seeking to justify contravention of the height of buildings standard under clause 4.3 of the WLEP has been considered and the necessary opinion of satisfaction has been formed under clause 4.6(4) of the WLEP. (2) The appeal is upheld. (3) Development consent is granted to Development Application Number DA 436/2020/1, as amended, for the demolition of an existing dwelling house and the construction of a new dwelling house, and swimming pool and associated works on 18 Olphert Avenue, Vaucluse, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential - conciliation conference – agreement between the parties – jurisdictional prerequisite – contravention of height of building development standard – earthworks - orders Legislation Cited: Environmental Planning and Assessment Act 1979, Pt 4, ss 1.3, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Heritage Act 1977, s 139 Land and Environment Court Act 1979, ss 34, 34AA Local Land Services Act 2013, Pt 5B, s 60O State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10, Pt 10.3, Div 2, ss 2.7, 10.18 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 1.2, 2.1, 2.3, 2.7, 4.3, 4.6, 6.1, 6.2 Cases Cited: Nicola v Waverley Council [2020] NSWLEC 1599 Wehbe v Pittwater Council [2007] NSWLEC 827; LGERA 446 Category: Principal judgment Parties: Campbell Taylor (First Applicant) Sarah Curtis (Second Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: R White (Applicant) S Patterson (Solicitor) (Respondent)