Tedesco v Woollahra Municipal Council [2016] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Tedesco v Woollahra Municipal Council [2016] NSWLEC 1202 Hearing dates: 26-27 May 2016 Date of orders: 27 May 2016 Decision date: 27 May 2016 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions see [56] Catchwords: DEVELOPMENT APPLICATION: Alterations and additions to a heritage item; setbacks; visual and acoustic privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Cases Cited: Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Aini Tedesco (Applicant) Woollahra Municipal Council (Respondent) Representation: Applicant: Mr G Green (Solicitor) Respondent: Ms M Hawley (Solicitor)

Solicitors: Applicant: Pikes & Verekers Lawyers Respondent: Lindsay Taylor Lawyers File Number(s): 151752 of 2016

Judgment 1. COMMISSIONER: The applicant appeals Woollahra Municipal Council's refusal of a development application for alterations, additions and associated works to a dwelling and land located at 13 Cove Street, Watsons Bay (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 with a mandatory conciliation under s 34AA(2)(a) of the Land and Environment Court Act 1979 (Court Act). As council officers did not have the delegation to enter into an agreement under s 34(3) of the Court Act, the conciliation was terminated and the parties consented to me determining the matter on the basis of what occurred at the conciliation conference in accordance with s 34AA(2)(b)(ii) and on the materials filed with the Court.