Binetter v Woollahra Municipal Council [2019] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: Binetter v Woollahra Municipal Council [2019] NSWLEC 1116 Hearing dates: 6 March 2019 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA 404/2017/A for the demolition of an existing dual occupancy and construction of a new seniors housing development comprising 7 self-contained units, basement level car parking and associated landscaping works is approved, subject to the conditions set out in Annexure "A". (3) The exhibits are returned, except for Exhibits B, C and 6. Catchwords: APPEAL – development application – seniors living – breach of development standards – impact on neighbours Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Woollahra Local Environmental Plan 2014 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Peter Binetter (Applicant) Woollahra Municipal Council (Respondent) Representation: Solicitors: G Green, Pikes and Verekers (Applicant) S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2018/93290 Publication restriction: No