Michael v Woollahra Municipal Council

[2009] NSWLEC 1136

NEW SOUTH WALES LAND AND ENVIRONMENT COURT

CITATION:
Michael v Woollahra Municipal Council  [2009] NSWLEC 1136

PARTIES:
APPLICANT
Christopher Michael

RESPONDENT
Woollahra Municipal Council

FILE NUMBER(S):
10045 of 2009

CATCHWORDS:
Development Consent :- Alterations and additions to an existing dwelling

LEGISLATION CITED:
Environmental Planning and Assessment Act 1979

CORAM:
Bly C

DATES OF HEARING:
3/4/2009

EX TEMPORE DATE:
3 April 2009

LEGAL REPRESENTATIVES

APPLICANT
Ms T. Spiegel, solicitor
of Spiegel & Associates Pty Ltd

RESPONDENT
Mr D. Randle, solicitor
of Lindsay Taylor Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

3 April 2009

10045 of 2009                Christopher Michael v Woollahra Municipal Council

This decision was given extemporaneously.  It has been revised and edited prior to publication.

JUDGMENT

1. On 17 February 2009, the Woollahra Council granted development consent to a development application for alterations and additions to the existing dwelling house at 4C Wentworth Street, Point Piper.  That consent facilitated amongst other things the removal and replacement of a swimming pool with associated walls, garden and stairs, together with the construction of new windows. 

1. The consent contains three conditions that the applicant has now appealed against; being conditions C1(a), C1(b) and C1(c).  These conditions deal with: the setback of the swimming pool and adjacent planter; planting along the southern boundary of the site; and the provision of privacy devices for a south facing window.

1. When the application was advertised, one objection was received from the neighbours to the south at 4B Wentworth Street.  That objection raised concerns involving privacy, views and noise associated with the proposed pool.  It is plain that the three conditions in dispute were essentially aimed at resolving these concerns.

1. During the hearing a joint expert town planning report prepared by Mr L Fletcher and Ms S Chambers was tendered.  That report deals with the three conditions and by joint agreement concludes that conditions C1(a) and C1(c) can be deleted.  The report also concludes that condition C1(b) can, subject to amendments be maintained principally so as to maintain views across the site for the neighbour.

1. Also tendered at the hearing is a further advice from the neighbour at 4B, that advice indicates that having reviewed the joint expert report and having reconsidered possible impacts, it was decided not to pursue the objections subject to the revised condition C1(b).

1. In these circumstances, the parties have now entered into consent orders and there are now no matters in dispute between the parties and thus there is no issue for the resolution of the court.

1. Having considered the material contained in the council's bundle of documents, the applicant's statement of environmental effects and the joint town planning report, I am satisfied that no concerns that might arise out of a proper application of s 79C of the Environmental Planning and Assessing Act 1979 arise.

1. I therefore order that by consent:

   1.The appeal is upheld.

   2.Development consent is granted to development application DA785/2008 for alterations and additions to the dwelling house at 4C Wentworth Street, Point Piper, including a new swimming pool, new retaining wall and landscaping subject to the conditions in Annexure A. 

   3.Exhibits 1 and A are retained.

   ___________________

   T A Bly
   Commissioner of the Court

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