First Point Project Management v Woollahra Municipal Council [2013] NSWLEC 1272

Land and Environment Court New South Wales

Medium Neutral Citation: First Point Project Management v Woollahra Municipal Council [2013] NSWLEC 1272 Hearing dates: 18 November 2013 Decision date: 19 November 2013 Jurisdiction: Class 1 Before: Dixon C Decision: 1. The appeal is upheld. 2. The Council is directed to issue a building certificate for the lychgate in accordance with the building certificate application lodged on 17 October 2013. 3. The exhibits are returned upon publication of the judgment. Catchwords: APPEAL- Building certificate - construction of a lychgate - impact on streetscape - views to the historic residence and its garden setting from the public domain Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003 Category: Principal judgment Parties: First Point Project Management (Applicant)

Woollahra Council (Respondent) Representation: Ms S Vatala (Applicant)

Mr S Patterson (Respondent) Addisons Lawyers (Applicant)

Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10863 of 2013

Ex tempore Judgment 1On 17 October 2013 the applicant lodged an application for a building certificate with Woollahra Council in respect of a lychgate (the development) at the entry to 6 Wolseley Road, Point Piper (the site). 2On 6 November 2013 the Council decided to refuse the application. In response, the applicant exercised its right of appeal to the Court against the Council's decision under s 149F(1)(a) of Environmental Planning and Assessment Act 1979 (the Act). 3On hearing an appeal lodged under s 149F(1)(a) the Court, under s 149F(3), may do any one or more of the following : (a)It may direct the council to issue a building certificate in such terms and conditions as a court thinks fit; (b)It may revoke, alter or confirm a notice under section 149C; (c)It may make an order that it considers appropriate. 4In this case I have decided to direct the Council to issue a building certificate for the development for the reasons that follow.