Pike v Woollahra Municipal Council [2023] NSWLEC 1385

Land and Environment Court New South Wales

Medium Neutral Citation: Pike v Woollahra Municipal Council [2023] NSWLEC 1385 Hearing dates: Conciliation Conference on 24 May, 21 and 27 June 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away, in the agreed sum of $9,000, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of this judgment. (2) The Applicant's written request pursuant to cl 4.6 of Woollahra Local Environmental Plan 2014 seeking to vary the development standard in relation to the height of buildings in cl 4.3 in Woollahra Local Environmental Plan 2014 is upheld. (3) The appeal is upheld. (4) Development Application DA2022/350/1 for extensive alterations and additions to the existing dwelling including new subterranean basement level accommodating car lift, turntable and storage and new swimming pool with associated landscaping on Lot 13 in DP 1111463 and Lot 14 in DP 954 known as 23 Elizabeth Street, Paddington, is approved subject to the conditions in accordance with Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2015, cll 2.2, 4.3, 4.6, 5.10, 5.21, 6.1, 6.2, 6.15 Texts Cited: Woollahra Community Participation Plan 2019 Woollahra Development Control Plan 2015 Woollahra Municipal Council, Paddington Floodplain Risk Management Study 2019 Category: Principal judgment Parties: Anne Pike (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) Kara Mezinic (Solicitor)(Respondent)