Klettenberg v Woollahra Municipal Council [2016] NSWLEC 1336

Land and Environment Court New South Wales

Medium Neutral Citation: Klettenberg v Woollahra Municipal Council [2016] NSWLEC 1336 Hearing dates: 12 August, 2016 Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 407/2015/01 for the demolition of an existing carport and construction of a new garage with loft structure above and removal of an existing rear balcony and its replacement with a new window and timber deck in the rear courtyard, at 31 Glenmore Road, Paddington, is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: rear garage and loft structure in a heritage conservation area; resident objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Julien Klettenberg (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr A. Whealy (Applicant) Ms J. Hewitt (Respondent)

Solicitors: Mills Oakley (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/163257

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 407/2015/01 for the demolition of an existing carport and construction of a new garage with loft structure above and removal of an existing rear balcony and its replacement with a new window and timber deck in the rear courtyard (the proposal) at 31 Glenmore Road, Paddington (the site) by Woollahra Council (the Council). 2. The appeal was subject to mandatory conciliation on 30 June 2016, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). 3. Although agreement was reached during the conciliation conference on the basis of amendments made to the proposal by the applicant, the respondent did not have instructions to enter into an agreement. The amended proposal was renotified to the resident objectors prior to the hearing and the conciliation conference was terminated at the commencement of the hearing on site on 12 August 2016, pursuant to s 34(4) of the LEC Act. Leave was granted by the Court for the applicant to rely on the amended proposal (exhibit A). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act. The parties agreed that the amendments were minor in the context of s 97B of the EPA Act. 4. Ms Hewitt submits that the Council is satisfied that the amendments made to the proposal address the contentions raised in the Statement of Facts and Contentions (exhibit 1) and the Council does not press any of the contentions in the hearing.