Kamenev v Woollahra Municipal Council (No 2) [2018] NSWLEC 1228

Land and Environment Court New South Wales

Medium Neutral Citation: Kamenev v Woollahra Municipal Council (No 2) [2018] NSWLEC 1228 Hearing dates: 9-10 May 2018 Date of orders: 15 May 2018 Decision date: 15 May 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 487/2017 for the construction of a new dwelling at 13-15A Coolong Road, Vaucluse, is refused. (3) The exhibits, other than exhibits 1 and E, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a new dwelling; impacts on harbour views from neighbouring properties and the public domain; whether a current development consent for the site is a relevant matter for consideration. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Development Control Plan 2015 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council & Ors (No. 2) [2009] NSWLEC 134 MLC Properties v Camden Council (1997) 96 LGERA 52 Rose Bay Marina Pty Limited v Woollahra Municipal Council [2013] NSWLEC 1046 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 Category: Principal judgment Parties: Leon Kamenev (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A. Galasso SC (Applicant)