Mirzikinian v Woollahra Municipal Council [2020] NSWLEC 1160

Land and Environment Court New South Wales

Medium Neutral Citation: Mirzikinian v Woollahra Municipal Council [2020] NSWLEC 1160 Hearing dates: Conciliation conference on 5 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely on the plans listed under Condition A.3 below the heading 'Approved Plans and supporting documents' in Annexure 'A'. (2) The Applicant's written request prepared under clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP), prepared by GSA Planning dated March 2020, seeking a variation of the development standard for height under clause 4.3 of the WLEP, is upheld. (3) The appeal is upheld. (4) Development Application number DA573/2018 for alterations and additions to the existing dwelling house, including associated landscape works at 6A Wentworth Street, Point Piper NSW 2027 is approved subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – heritage conservation area – exceedance of height control – clause 4.6 exception to development standard –conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Kristy Mirzikinian (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) P Rigg (Solicitor) (Respondent)