Jakob v Woollahra Municipal Council (No 2)

Case •

[2021] NSWLEC 1743

•

03 December 2021

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Jakob v Woollahra Municipal Council (No 2) [2021] NSWLEC 1743
Hearing dates: 5 & 19 August 2021; mention on 30 November 2021
Date of orders: 03 December 2021
Decision date: 03 December 2021
Jurisdiction:Class 1
Before: Dixon SC
Decision:

See final orders at [3] below.

Catchwords:

DEVELOPMENT APPLICATION – alterations and additions to existing dwelling – change to existing built form including the addition of a new level – contravention of the height of buildings development standard – consideration of cl 4.6 written request to vary the height of buildings development standard – concerns relating to view loss

Cases Cited:

Jakob v Woollahra Municipal Council [2021] NSWLEC 1667

Category:Principal judgment
Parties: Alexandra Lee Jakob (Applicant)
Woollahra Municipal Council (Respondent)
Representation:

Counsel:
A Galasso SC (Applicant)
P Rigg (Solicitor) (Respondent)

Solicitors:
Hones Lawyers (Applicant)
Peter R Rigg (Respondent)
File Number(s): 2020/336336
Publication restriction: Nil

Judgment

  1. On 12 November 2021, I handed down my reasons for judgment in the Class 1 appeal, Jakob v Woollahra Municipal Council [2021] NSWLEC 1667. At [90] of Jakob v Woollahra Municipal Council, I directed the parties to confer and settle the conditions in accordance with my reasons for judgment and to provide a copy to the Court.

  2. On 30 November 2021, the parties settled on the conditions and a copy of the agreed conditions were filed with the Court the next day. Following receipt of the conditions, I am satisfied that the conditions accord with my reasons for judgment and I now make the following orders.

  3. The Court orders that:

  1. The appeal is upheld.

  2. Development consent is granted to DA 176/2020 for alterations and additions to an existing residential dwelling in order to facilitate a change of use to a residential flat building incorporating 2 x one bedroom units and 1 x three bedroom unit at 50 Wolseley Road, Point Piper, subject to conditions as set out in Annexure A.

  3. All exhibits are returned except for 1, A and H.

………………………

S Dixon

Senior Commissioner of the Court

Annexure A (671899, pdf)

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Decision last updated: 03 December 2021

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Jakob v Woollahra Municipal Council [2021] NSWLEC 1667