Boston Blythe Fleming Pty Ltd v Woollahra Municipal Council [2014] NSWLEC 1054

Land and Environment Court New South Wales

Medium Neutral Citation: Boston Blythe Fleming Pty Ltd v Woollahra Municipal Council [2014] NSWLEC 1054 Hearing dates: 24 March 2014 Decision date: 25 March 2014 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The objection under SEPP No. 1 to cl 12 of Woollahra Local Environmental Plan is allowed. 2. The appeal is upheld. 3. Development Application No. 346/2013 for alterations and additions including a roof terrace, access stairs, balustrade and skylight on land at 8A Ginahgulla Road, Bellevue Hill, is approved, subject to the conditions in Annexure A 4. The exhibits, except Exhibit A may be returned. Catchwords: DEVELOPMENT APPLICATION - rooftop terrace, SEPP 1 objection to maximum building height development standard, impact on visual privacy and amenity of neighbours Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 1 - Development Standards Woollahra Local Environmental Plan 1995 Draft Woollahra Local Environmental Plan 2013 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1144 Super Studio v Waverley [2004] NSWLEC 91 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Boston Blythe Fleming Pty Ltd (Applicant)

Woollahra Municipal Council (Respondent) Representation: Mr M Staunton (Applicant) Ms J Reid, solicitor (Respondent) Pikes & Verekers Lawyers (Applicant) Wilshire Web Staunton Beattie (Respondent) File Number(s): 10964 of 2013