Hass v Woollahra Municipal Council [2023] NSWLEC 1169

Land and Environment Court New South Wales

Medium Neutral Citation: Hass v Woollahra Municipal Council [2023] NSWLEC 1169 Hearing dates: Conciliation conference held 24 March 2023, final agreement filed 16 March 2023 Date of orders: 12 April 2023 Decision date: 12 April 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA571/2021 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) The Applicant's written request, pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP), seeking to vary the development standard for height of building as set out at clause 4.3 of the WLEP, is upheld. (3) The appeal is upheld. (4) Consent is granted to Development Application DA571/2021 (as amended) for alterations and additions to the existing dwelling house for the construction of a new lift and roof top terrace at 49 Derby Street, Vaucluse, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – dwelling house – Applicant's dissatisfaction with conditions of consent – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.6 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 2.3, 4.3, 4.6, 5.1, 5.10, 5.21, 6.1, 6.2, 6.4 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 18-003, February 2018 Category: Principal judgment Parties: Allan Hass (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Oldknow (Solicitor) (Applicant) P Rigg (Respondent)