Shahidi v Woollahra Municipal Council [2016] NSWLEC 1491

Land and Environment Court New South Wales

Medium Neutral Citation: Shahidi v Woollahra Municipal Council [2016] NSWLEC 1491 Hearing dates: 8 September 2016 Date of orders: 08 September 2016 Decision date: 08 September 2016 Jurisdiction: Class 1 Before: Brown C Decision: (1) The appeal is upheld (2) Development Application DA599/2015 for alterations and additions to the existing dwelling to facilitate a change of use to health services facility at 1 Magney Street, Woollahra, New South Wales is approved subject to the conditions set out in annexure A. (3) The exhibits are returned with the exception of exhibits 2, 4 and A

The Court also notes the agreement between the parties that the applicant will pay to the council s 97(b) costs to the sum of $1000 within two weeks of the date of these Orders. Catchwords: DEVELOPMENT APPLICATION; consent orders; alterations and additions to the existing dwelling to facilitate a change of use to health services facility; matters raised by local residents being permissibility, impact on the heritage character of the area, the rear setback to Harkness Lane, deficiency in car parking and lack of landscaping. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy Infrastructure (2007) Woollahra Local Environmental Plan 2014 Category: Principal judgment Parties: Shahram Shahidi (Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitors: Mr A. Boskovitz, Boskovitz & Associates Solicitors (Applicant) Mr S. Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/00157960 Publication restriction: No