Gallon v Woollahra Municipal Council [2023] NSWLEC 1115

Land and Environment Court New South Wales

Medium Neutral Citation: Gallon v Woollahra Municipal Council [2023] NSWLEC 1115 Hearing dates: Conciliation conference on 1 & 2 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The cl 4.6 written request prepared by Michael Neustein of City Planning Works dated 28 February 2023 for a variation to the height of building development standard under cl 4.3 of the Woollahra Local Environmental Plan 2014 is upheld. (2) The appeal is upheld. (3) Development Consent is granted to Amended Development Application DA338/2022/1 seeking the demolition of the existing dwelling, and the construction of a multi-storey dwelling house, car lift, associated swimming pool, landscaping, and site works at 12 Tivoli Avenue, Rose Bay, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – Clause 4.6 request – height of buildings development standard – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.4 Texts Cited: Woollahra community Participation Plan 2019 Category: Principal judgment Parties: Nathan Gallon (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Ede (Solicitor) (Respondent)