Lee v Woollahra Municipal Council [2018] NSWLEC 1597

Land and Environment Court New South Wales

Medium Neutral Citation: Lee v Woollahra Municipal Council [2018] NSWLEC 1597 Hearing dates: 15 November 2018 Date of orders: 20 November 2018 Decision date: 20 November 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: (1) The applicant is granted leave to amend the application for development consent, by relying on the documentation in Exhibits A (architectural plans) and Exhibit B (landscape plans) and listed in condition A.3 of Annexure A. (2) The appeal is upheld. (3) Development Application No. 389/2017 for the demolition of an existing dwelling and construction of a new dwelling, pool and landscaping works at 404 Edgecliff Road, Woollahra, is approved, subject to the conditions of consent at Annexure A. (4) The exhibits, other than exhibits 1, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION: refusal of the application by the Local Planning Panel; no contentions raised by the respondent; contributory building in the Woollahra Heritage Conservation Area; demolition of existing dwelling house and construction of a new dwelling house, pool and landscaping works. Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 2014 Texts Cited: Land and Environment Court Practice Note Class 1 Development Appeals Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Penelope Lee (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant)