Wells v Woollahra Municipal Council [2023] NSWLEC 1141

Land and Environment Court New South Wales

Medium Neutral Citation: Wells v Woollahra Municipal Council [2023] NSWLEC 1141 Hearing dates: 9 March 2023 Date of orders: 29 March 2023 Decision date: 29 March 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No DA 304/2022/1 for the demolition of the existing dwelling and construction of a new dwelling, swimming pool and associated landscaping, at 48 Kings Road, Vaucluse (legally known as Lot 93 in DP 10127) is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned, except for Exhibit B, G and 3. Catchwords: DEVELOPMENT APPLICATION: dwelling house development in R2 Low Density residential zone – view loss Legislation Cited: Environmental Planning and Assessment Act 1979, ss, 4.15, 8.7 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s34AA Roads Act, s 138 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 10.10, Chs 2, 6, 7, 8, 9, 10, 11, 12 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 4.3, 6.1, 6.2 Cases Cited: Furlong v Northern Beaches Council [2022] NSWLEC 1208 Stockland Development v Manly Council [2004] NSWLEC 472 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Zhang v Canterbury City Council (2001) 115 LGERA 373 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Brett Wells (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) P Rigg (Respondent)