Roney v Woollahra Municipal Council [2015] NSWLEC 1405

Land and Environment Court New South Wales

Medium Neutral Citation: Roney v Woollahra Municipal Council [2015] NSWLEC 1405 Hearing dates: 23 September 2015 Date of orders: 07 October 2015 Decision date: 29 September 2015 Jurisdiction: Class 1 Before: Pearson C Decision: See paragraph [37] Catchwords: DEVELOPMENT MODIFICATION – Removal of existing tree – Replacement planting – Demolition of existing retaining walls and construction of kerb and garden bed Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 1995 Cases Cited: Dipper v Pittwater Council [2006] NSWLEC 273 Category: Principal judgment Parties: Sara Hess Roney (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)

Solicitors: Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10404 of 2015

Judgment 1. This is an appeal under s 97AA of Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of an application made under s 96(1A) of the Act to modify development consent DA 534/2011 for alterations and additions to an existing dwelling house at 3A Buckhurst Ave Point Piper (the site). 2. The modification application seeks approval for the following works: 1.Removal of an existing Magnolia grandiflora (Bull Bay magnolia) located along the southern boundary by the existing driveway directly opposite the garage of 3B Buckhurst Ave and the planting of 2 replacement trees Waterhousia floribunda (Weeping lilly pilly); 2.Demolition of the existing retaining walls around the tree; 3.Construction of a new 150mm kerb and garden bed beyond.