Moffat v Woollahra Municipal Council (No 2)

[2022] NSWLEC 1061

Land and Environment Court

New South Wales

Medium Neutral Citation:

Moffat v Woollahra Municipal Council (No 2) [2022] NSWLEC 1061

Date of orders:

17 March 2022

Decision date:

17 March 2022

Jurisdiction:

Class 1

Before:

Pullinger AC

Decision:

The Court orders:

(1) The Appeal is upheld.

(2) Consent is granted to Development Application DA-419/2020/1, as amended, for alterations and additions to reconstruct a rooftop terrace at the upper-most level of an existing dwelling at 142 Glenmore Road, Paddington, subject to conditions set out in Annexure A.

(3) The exhibits are returned, except for C, D, J, 2 and 8.

Catchwords:

DEVELOPMENT APPLICATION – dwelling house – alterations and additions – accessible roof terrace – heritage conservation area – desired future character – appeal upheld – orders

Cases Cited:

Moffat v Woollahra Municipal Council [2022] NSWLEC 1016

Category:

Principal judgment

Parties:

Ben Moffat (Applicant)
Woollahra Municipal Council (Respondent)

Representation:

Counsel:
T March (Applicant)
J Ede (Solicitor) (Respondent)

Solicitors:
Ridge Evans Lawyers (Applicant)
Wilshire Webb Staunton Beattie (Respondent)

File Number(s):

2021/206743

Publication restriction:

No

Judgment

1. COMMISSIONER: On 14 January 2022, I handed down my reasons in the Class 1 appeal Moffat v Woollahra Municipal Council [2022] NSWLEC 1016 (the Principal Judgment) and indicated that upon the satisfaction of certain directions, I would give consideration to the making of final orders.

2. At the commencement of the hearing I granted leave to the Applicant to amend the Development Application as reflected in the architectural plans tendered as Ex 8 in the proceedings, and which formed the subject of the appeal.

3. In the Principal Judgment, the Applicant was directed to effect lodgement of these plans amending the Development Application on the NSW Planning Portal, and provide evidence of lodgement having been effected to the Court.

4. Similarly, the Respondent was directed to prepare final conditions of consent reflecting the reasons set out in the judgment, and to file a copy with the Court.

5. The amended Development Application was uploaded to the NSW Planning Portal on 9 March 2022.

6. The final conditions of consent were filed with the Court on 24 January 2022.

7. I am satisfied that the Development Application, as amended, and final conditions of consent accord with the Principal Judgment, and I now make the following orders to thereby dispose of the matter.

Orders

8. The Court orders:

1. The Appeal is upheld.

2. Consent is granted to Development Application DA-419/2020/1, as amended, for alterations and additions to reconstruct a rooftop terrace at the upper-most level of an existing dwelling at 142 Glenmore Road, Paddington, subject to conditions set out in Annexure A.

3. The exhibits are returned, except for C, D, J, 2 and 8.

M Pullinger

Acting Commissioner of the Court

Annexure A (521222, pdf)

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Decision last updated: 17 March 2022