Landerer v Council of the Municipality of Woollahra [2024] NSWLEC 1172

Land and Environment Court New South Wales

Medium Neutral Citation: Landerer v Council of the Municipality of Woollahra [2024] NSWLEC 1172 Hearing dates: Conciliation conference on 14 March 2024 Date of orders: 11 April 2024 Decision date: 11 April 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: 1) The written request made pursuant to cl 4.6 of the Woollahra Local Environment Plan 2014 (WLEP) to vary the height of buildings standard pursuant to cl 4.3 of the WLEP, prepared by GSA Planning dated March 2024, is upheld. 2) The appeal is upheld. 3) Development Application 591/2022, as amended, for the demolition of the existing dwelling house and construction of a new dwelling, rear tandem garage with upper floor gym, swimming pool and landscaping works at 7 Pacific Street, Watsons Bay is determined by the grant of development consent subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – dwelling house – Heritage Conservation Area – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34AA National Parks and Wildlife Act 1979, s 90 Environmental Planning and Assessment Regulation 2021, ss 38 State Environmental Planning Policy (Building Sustainability Index) (BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014, cll 4.3, 4.6, 5.10, 5.21, 6.1, 6.2 Texts Cited: Woollahra Community Participation Plan Category: Principal judgment Parties: Leslie Landerer (Applicant) Council of the Municipality of Woollhara (Respondent) Representation: Counsel: A Galasso (Applicant) P Rigg (Respondent)