David and Maxine Pacanowski v Woollahra Council [2017] NSWLEC 1277

Land and Environment Court New South Wales

Medium Neutral Citation: David and Maxine Pacanowski v Woollahra Council [2017] NSWLEC 1277 Hearing dates: 13 March 2017 Date of orders: 01 June 2017 Decision date: 01 June 2017 Jurisdiction: Class 1 Before: Martin SC Decision: 1. The cl 4.6 application is upheld. 2. Development Application no. 208/2016 is granted for the demolition of existing improvements and construction of a new dwelling upon land comprising Lot B DP 391102 known as 1 Rawson Road, Rose Bay, subject to conditions of consent attached and marked "A". 3. The Exhibits, other than Exhibits 1 and 4, are returned. Catchwords: APPEAL – deemed refusal of development consent - height exceedance - clause 4.6 application - view loss – view-sharing principles - skilful design – neighbours' amenity Legislation Cited: Environmental Planning and Assessment Act 1979 ss 79c(1); 97(1) Land and Environment Court Act 1979 ss 34AA (2)(b)(i); 39(2) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014 Woollahra Development Control Plan 2015 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 at [5], [68] – [69],[121], [123] Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Rose Bay Marina Pty Limited v Woollahra Municipal Council & Anor [2013] NSWLEC 1046 at [39] – [49] Tenacity Consulting v Waringah Council [2004] NSWLEC 140 at [25] – [29] Category: Principal judgment Parties: David and Maxine Pacanowski (Applicants) Woollahra Representation: Counsel: Mr S Pickles SC (Applicant) Mr P Rigg (Solicitor) (Respondent)