Parker Logan Property Pty Ltd v Woollahra Council [2017] NSWLEC 1409

Land and Environment Court New South Wales

Medium Neutral Citation: Parker Logan Property Pty Ltd v Woollahra Council [2017] NSWLEC 1409 Hearing dates: Conciliation held 26 June, Hearing 26 July 2017 Date of orders: 04 August 2017 Decision date: 04 August 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans; (2) As agreed between the parties, pursuant to s97B of the Act the Applicant is to pay the Respondents the sum of $2,200 within 14 days from these orders, with the sum representing the respondents costs thrown away as a result of amending the development application; (3) The appeal is upheld; (4) Consent is granted to Development Application No. DA591/2016/1 for demolition and construction of two, three storey boarding house buildings over shared basement car parking at Lot 13 DP13528 and SP 16395, subject to the agreed conditions and the following agreed condition: I.11 privacy screens; the owner(s) must in accordance with this condition install, maintain, renew and repair if necessary the privacy screens identified on plans marked LEC 201 and LEC 202 (detailed in condition A) for the life of the consent. (5) The exhibits are returned with the exception of Exhibit A,B, 1 and 7. Catchwords: DEVELOPMENT APPEAL: Boarding house – traffic access from Old South Head Road – Stormwater – View Loss – Impacts on neighbours – Compatibility with character of street – experts agreed amended design should be approved. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009 Woollahra Local Environmental Plan 2014 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Texts Cited: Nil Category: Principal judgment Parties: Parker Logan Property Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitors: Lindsay Taylor Lawyers (Respondent) Boskovitz and Associates Solicitors (Applicant) File Number(s): 2017/72361 Publication restriction: No