746 OSH Pty Ltd v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: 746 OSH Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1174 Hearing dates:5 May 2016Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction:Class 1Before: Tuor C Decision: 1 The appeal is upheld.2 The development application (DA447/2015) for a residential flat building at 746 New South Head Road, Rose Bay, is approved subject to the conditions in Annexure A.3 The exhibits, except Exhibits 1 and A, are returned.4 Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION: Residential flat building. Existing use rights, resident objections, view loss, privacy, height, bulk and scale, access. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Woollahra Planning Scheme Ordinance Cases Cited: Ashfield Municipal Council v Armstrong [2002] NSWCA 269 Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71 Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category:Principal judgmentParties: 746 OSH Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant) Solicitors: Mr A Boskovitz of Boscovitz & Associates (Applicant) Ms J Hewitt of HWL Ebsworth Lawyers (Respondent) File Number(s):11140 of 2015Judgment 746 OSH Pty Ltd (applicant) is appealing under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Woollahra...