Initial Action Pty Ltd v Woollahra Council [2017] NSWLEC 1734

Land and Environment Court New South Wales

Medium Neutral Citation: Initial Action Pty Ltd v Woollahra Council [2017] NSWLEC 1734 Hearing dates: 7 and 8 November, 2017 Date of orders: 20 December 2017 Decision date: 20 December 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed 2. Development Application DA2016/367/1 for a residential flat building at 12-16 William Street, Double Bay is refused. 3. The exhibits, except Exhibits A and 4, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building; height exceedence; FSR calculation; view loss; clause 4.6 variation requirements; desired future character; transition between zones; amenity impacts; extent of excavation; front fence design; resident objections; adequacy of evidence Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Initial Action Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr I Hemmings, SC (Applicant) Mr P Rigg (Respondent)

Solicitors: Hones Lawyers (Applicant) Peter Rigg (Respondent) File Number(s): 2017/63470 Publication restriction: No