NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Initial Action Pty Ltd v Woollahra Municipal Council (No 2) [2019] NSWLEC 1151 Hearing dates: 20 – 21 February 2019 Date of orders: 03 April 2019 Decision date: 12 March 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: (1) The appeal is upheld. (2) Development Application No. 2016/367/1 for a residential flat building at 12-16 William Street, Double Bay is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits B and 8, are returned. 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: Initial Action Pty Ltd v Woollahra Council [2017] NSWLEC 1734 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Initial Action Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1097 Category: Consequential orders (other than Costs) 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
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