Elkorr v Woollahra Council [2019] NSWLEC 1000

Land and Environment Court New South Wales

Medium Neutral Citation: Elkorr v Woollahra Council [2019] NSWLEC 1000 Hearing dates: Conciliation conference on 20 December 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Class 1 Before: Horton C Decision: (1) The applicant is granted leave to amend the application and rely on the plans and material listed under Condition A.3 in Annexure 'A';

(2) The applicant's written request pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 seeking to justify the breach of the Height of Buildings development standard set out in clause 4.3 of the WLEP has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of the WLEP. Consequently, the applicants written request is well founded and upheld;

(3) The appeal is upheld; and

(4) Development consent is granted for Development application DA 146/2018 for alterations and additions to an approved dwelling, subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; alterations and additions Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local environment Plan 2014 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Category: Principal judgment Parties: Danielle Elkorr (Applicant) Woollahra Council (Respondent) Representation: Counsel: A Galasso SC (Applicant)