Parker Logan Property Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1410

Land and Environment Court New South Wales

Medium Neutral Citation: Parker Logan Property Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1410 Hearing dates: 9 September 2016 Date of orders: 12 September 2016 Decision date: 12 September 2016 Jurisdiction: Class 1 Before: Dixon C Decision: 1. The appeal is upheld. 2. Development consent for the demolition of the existing dwellings and the construction of a new residential flat building including excavation for basement level parking and strata subdivision of land at 254 – 256 Old South Head Road, Bellevue Hill is granted in accordance with DA 584/2015 and the amended plans prepared by Nicholas Tang Architects (Drawings number LEC 100 – 104, 200 – 204 and 300 – 302, Issue 1 dated 2 June 2016) in (Exhibit A) subject to the extension of the blade wall on the north eastern boundary as recorded in paragraph [ 22 ] of my judgment; and the imposition of the Council's draft conditions of consent in Exhibit 5. 3. The Council is directed to file with the Court the final conditions of consent reflecting my reasons for judgment within 7 days. 4. The exhibits are returned apart from A, 2 and 5. Catchwords: APPEAL – Development application – residential flat building – amenity and privacy impacts – retention of mature Tallowwood tree Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Woollahra Development Control plan 2015 Category: Principal judgment Parties: Parker Logan Property Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Anthony Boskovitz (Applicant) Jane Hewitt (Respondent)