Nahum v Council of the Municipality of Woollahra [2023] NSWLEC 1332

Land and Environment Court New South Wales

Medium Neutral Citation: Nahum v Council of the Municipality of Woollahra [2023] NSWLEC 1332 Hearing dates: Conciliation Conference 8 and 9 June 2023 Date of orders: 29 June 2023 Decision date: 29 June 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Appeal is upheld. (2) The amended clause 4.6 of the Woollahra Local Environmental Plan 2014 written request prepared by Tony Moody dated 7 June 2023 is upheld. (3) Development Application No. 165/2022/1 lodged on 10 May 2022, as amended, for extensive alterations and additions to an existing three-storey dwelling, to increase the floorplate to accommodate a 6 ensuite-bedroom dwelling and a new above ground swimming pool at 19 Cranbrook Lane, Bellevue Hill, is determined by grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – alterations and additions – justification of contravention of height of building development standard – conciliation conference – 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 38 Land and Environment Court Act 1979, ss 34, 34AA Woollahra Local Environmental Plan 2014, cll 4.3, 4.6, 5.10, 5.21, 6.1, 6.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Part 6.2, Div 2 s 6.65, Ch 10 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Roger Nahum (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: B Dyer (Solicitor)(Applicant) K Mortimer (Solicitor)(Respondent)