Geoform Design Architects Pty Ltd v Woollahra Municipal Council [2012] NSWLEC 1278

Land and Environment Court New South Wales

Medium Neutral Citation: Geoform Design Architects Pty Ltd v Woollahra Municipal Council [2012] NSWLEC 1278 Hearing dates: 5 October 2012 Decision date: 10 October 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No 12/0132 for a rooftop terrace and stair access is refused consent. 3. The exhibits, except for exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION - rooftop terrace, SEPP 1 objection to maximum building height development standard, impact on visual privacy and views of neighbours Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environment Plan 1995 Cases Cited: Pafburn v North Sydney Council [2005] NSWLEC 444 Project Venture Development v Pittwater Council [2005] NSWLEC 191 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Geoform Design Architects Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Mr Gary Green (Solicitor) (Applicant) Mr Stephen Patterson (Solicitor) (Respondent) Solicitors Pikes & Verekers Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10737 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No 12/0132 (the application) by Woollahra Council (the Council) to construct a stair access and roof terrace, at 8A Ginahgulla Road, Bellevue Hill (the site). 2The appeal was subject to mandatory conciliation on 4 October 2012, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As no agreement was reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with forthwith pursuant to s 34AA(2)(b)(i). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) of the LEC Act.