Hitz v Woollahra Municipal Council [2020] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Hitz v Woollahra Municipal Council [2020] NSWLEC 1184 Hearing dates: Conciliation conference on 15 April 2020 Date of orders: 21 April 2020 Decision date: 21 April 2020 Jurisdiction: Class 1 Before: Horton C Decision: See orders at [14] Catchwords: DEVELOPMENT APPLICATION – Watsons Bay heritage conservation area – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Texts Cited: Land and Environment Court of the New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Michael Hitz (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) M Harker (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2019/283791 Publication restriction: No

Judgment 1. COMMISSIONER: This Class 1 appeal concerns a development application brought before the Court under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Woollahra Municipal Council (the Respondent) of Development Application DA 494/18 for the demolition of an existing house and construction of a new house, predominantly within the approved building envelope of DA 375/2016/1, but with increased side and rear boundary setbacks at 19 Cliff Street, Watsons Bay. 2. Leave was granted to the Applicant by the Court on 19 September 2019 to amend the application and rely upon amended plans and other documents that the parties agree substantially address the contentions set out in the Statement of Facts and Contentions, filed with the Court on 4 October 2019. 3. The Council re-advertised the amended plans, and did not receive objections to the proposal. Subsequent to the amendment of the application, a without prejudice meeting between the parties agreed further amendments for which, by consent, leave is now sought.