Young v Woollahra Council [2013] NSWLEC 1125

Land and Environment Court New South Wales

Medium Neutral Citation: Young v Woollahra Council [2013] NSWLEC 1125 Hearing dates: 10 & 12 July 2013 Decision date: 16 July 2013 Jurisdiction: Class 1 Before: Morris C Decision: See paras 30 - 32 Catchwords: Development application, infill dwelling, heritage, bulk, scale, height, design Legislation Cited: Land and Environment Court Act 1979; Woollahra Local Environmental Plan 1995; Environmental Planning and Assessment Act 1979 Texts Cited: Paddington Heritage Conservation Area Development Control Plan 2008 Category: Principal judgment Parties: Robin Young (Applicant)

Woollahra Council (Respondent) Representation: Solicitors Mr G Christmas Apex Law (Applicant)

Mr S Patterson Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10348 of 2013

Judgment 1Mr Young lodged Development Application 405/2012/1 with Woollahra Council on 21 September 2012 seeking consent to construct a three storey dwelling house at No. 3 Kidman Lane, Paddington. The council refused consent on 22 April 2013 and he is appealing that decision. 2The council's reasons for refusal form the contentions in the case and relate to the bulk and scale of the development, impact of a proposed roof terrace on surrounding properties, extent of excavation and impact on a tree, streetscape and heritage impacts and internal amenity. 3The matter commenced as a conciliation conference which was conducted in a cooperative manner by all involved however, despite sketch plans proffered by the applicant addressing the majority of contentions, those plans did not provide sufficient detail and certainty for the council to enter into any form of agreement. For that reason the conference was terminated and a hearing held forthwith as required under s34AA (2)(b) of the Land and Environment Court Act 1979. The parties agreed that the discussions and evidence from the conciliation conference could be evidence in the hearing.