Michael v Woollahra Municipal Council [2009] NSWLEC 1136

Land and Environment Court of New South Wales

CITATION : Michael v Woollahra Municipal Council [2009] NSWLEC 1136

APPLICANT Christopher Michael PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10045 of 2009

CORAM: Bly C

KEY ISSUES: DEVELOPMENT CONSENT :- Alterations and additions to an existing dwelling

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 3/4/2009

EX TEMPORE JUDGMENT DATE : 3 April 2009

APPLICANT Ms T. Spiegel, solicitor of Spiegel & Associates Pty Ltd LEGAL REPRESENTATIVES:

RESPONDENT Mr D. Randle, solicitor of Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

3 April 2009

10045 of 2009 Christopher Michael v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On 17 February 2009, the Woollahra Council granted development consent to a development application for alterations and additions to the existing dwelling house at 4C Wentworth Street, Point Piper. That consent facilitated amongst other things the removal and replacement of a swimming pool with associated walls, garden and stairs, together with the construction of new windows.

2 The consent contains three conditions that the applicant has now appealed against; being conditions C1(a), C1(b) and C1(c). These conditions deal with: the setback of the swimming pool and adjacent planter; planting along the southern boundary of the site; and the provision of privacy devices for a south facing window.