Leda Holdings Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1394

Land and Environment Court New South Wales

Medium Neutral Citation: Leda Holdings Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1394 Hearing dates: 26 – 27 July 2018 Date of orders: 01 August 2018 Decision date: 01 August 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that:

1) The appeal is dismissed.

2) Development Application No. 226/2017/1 for alterations and additions to a dwelling house currently under construction at 21-23 Cranbrook Road (also known as 11 Cranbrook Lane) Bellevue Hill, including a new tennis court, widening of the vehicular entry, site works and landscaping, is refused.

3) The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling currently under construction; new tennis court; exceedance of height of buildings development standard; impact on streetscape. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Leda Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: S Duggan SC (Applicant)

Solicitors: Addisons Lawyers (Applicant) S Puckeridge, Lindsay Taylor Lawyers (Respondent) File Number(s): 2018/31129 Publication restriction: Nil

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 226/2017/1 for alterations and additions to a dwelling house currently under construction, including a new tennis court, widening of the vehicular entry, site works and landscaping (the proposal) at 21-23 Cranbrook Road, also known as 11 Cranbrook Lane, Bellevue Hill (the site), by Woollahra Municipal Council (the Council). 2. The appeal was subject to mandatory conciliation on 26 July 2018, in accordance with the provisions of s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation conference it was terminated and a hearing held forthwith, pursuant to s 34AA(2)(b)(i) of the LEC Act. The parties consented to the admission of oral evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act. 3. Leave was unopposed and granted by the Court during the hearing for the applicant to rely on an amended proposal (exhibit E) which incorporated minor changes to the proposal agreed upon by the experts during the conciliation conference, including sandstone facing to the exposed face of the tennis court structure, a 1.5m high palisade fence around the exposed perimeter of the tennis court to match the approved fencing to the terrace over and the tennis court lighting fixed to the face of the dwelling.