NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: 746 OSH Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1174 Hearing dates: 5 May 2016 Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction: Class 1 Before: Tuor C Decision: 1 The appeal is upheld. 2 The development application (DA447/2015) for a residential flat building at 746 New South Head Road, Rose Bay, is approved subject to the conditions in Annexure A. 3 The exhibits, except Exhibits 1 and A, are returned. 4 Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION: Residential flat building. Existing use rights, resident objections, view loss, privacy, height, bulk and scale, access. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Woollahra Planning Scheme Ordinance Cases Cited: Ashfield Municipal Council v Armstrong [2002] NSWCA 269 Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71 Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: 746 OSH Pty Ltd (Applicant)
Woollahra Municipal Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant)
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