Myndreskou v Woollahra Municipal Council [2015] NSWLEC 1540

Land and Environment Court New South Wales

Medium Neutral Citation: Myndreskou v Woollahra Municipal Council [2015] NSWLEC 1540 Hearing dates: 21 December 2015 Date of orders: 22 December 2015 Decision date: 22 December 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld – see [49] Catchwords: DEVELOPMENT APPLICATION: Off-street parking; Heritage Conservation Area; Street tree Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 2014 Category: Principal judgment Parties: Dmitry Myndreskou (Applicant) Woollahra Municipal Council (Respondent) Representation: Applicant: Mr M Staunton (Barrister) Respondent: Ms V McGrath (Solicitor)

Solicitors: Applicant: HWL Ebsworth Lawyers Respondent: Norton Rose Fulbright Australia File Number(s): 10853 of 2015

Judgment 1. COMMISSIONER: The applicant appeals Woollahra Council's refusal of Development Application DA174/2015 for the removal of a stone wall, excavation, demolition of landscape elements, tree removal, construction of a double garage, driveway, kerb/layback and landscaping at 37 Bathurst Street, Woollahra (the site). 2. The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). 3. The matter commenced on site as a mandatory conciliation under s 34AA of the Land and Environment Court Act 1979 (Court Act). As there was no agreement between the parties the conciliation was terminated in accordance with s 34AA(2)(b)(ii) of the Court Act; that is, the matter proceeded to a hearing on the basis of what was discussed during the conciliation.