Initial Action Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1097

Land and Environment Court New South Wales

Medium Neutral Citation: Initial Action Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1097 Hearing dates: 20 – 21 February 2019 Decision date: 12 March 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: Directions at [73] Catchwords: DEVELOPMENT APPLICATION: residential apartment building; contravention of the height of buildings development standard; volume of excavation; height of front fence. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Council [2017] NSWLEC 1734 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Initial Action Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC with N Hammond (Applicant)

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

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. 2016/367/1 for a residential flat building (the proposal) at 12-16 William Street, Double Bay (the site) by Woollahra Municipal Council (the Council).