Jeihooni v Woollahra Municipal Council [2019] NSWLEC 1539

Land and Environment Court New South Wales

Medium Neutral Citation: Jeihooni v Woollahra Municipal Council [2019] NSWLEC 1539 Hearing dates: Conciliation conference on 14-16 October 2019 Date of orders: 06 November 2019 Decision date: 06 November 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The applicant is granted leave to rely on the amended architectural plans and material as referred to in condition A.3 of the conditions of consent contained at Annexure "A" and the amended clause 4.6 written request at Annexure "B". (2) The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014, prepared by Planning Ingenuity (contained at Annexure "B") for contravention of the maximum height development standard imposed by clause 4.3 of the Woollahra Local Environmental Plan 2014 is upheld. (3) The appeal is upheld. (4) Development Application no. DA510/2018 for demolition of existing dwelling house, construction of a new dwelling house, swimming pool, landscape works, publicly accessible stairs and lookout to accommodate proposed garage entry at 4 and 6 Bayview Hill Road, Rose Bay is approved subject to the conditions contained at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – residential dwelling – amended design – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014 Cases Cited: Goldberg v Waverley Council (2007) 156 LGERA 27; [2007] NSWLEC 259 Sydney City Council v Ipoh Pty Ltd (2006) 149 LGERA 329 Wenli Wang v North Sydney Council [2018] NSWELC 122 Category: Principal judgment Parties: Samira Jeihooni (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Hanna (Solicitor) (Respondent)