Murdoch v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Murdoch v Woollahra Municipal Council [2014] NSWLEC 1165 Hearing dates:8 AugustDecision date: 11 August 2014 Jurisdiction:Class 1Before: Moore SC Decision: See (57) to (59) Catchwords: MODIFICATION OF DEVELOPMENT CONSENT: impact on views; privacy Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: L Murdoch (Applicant) Woollahra Municipal Council (Respondent) Representation: Mr M Staunton, barrister (Applicant) Mr P Rigg, solicitor (Respondent) Pikes & Verekers Lawyers (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s):10356 of 2014 10379 of 2014 Publication restriction:No JudgmentSENIOR COMMISSIONER: These two appeals concern applications to modify a development consent for substantial additions and alterations being undertaken to premises at 93 Victoria Road, Bellevue Hill.The separate modification applications first, in matter 10356 of 2014, relates to a proposal for alterations to a garage structure and a condition relating to the use of a fireplace in the chimney attached thereto in the redeveloped principal building on the site.The second appeal, matter 10379 of 2014, relates to a number of conditions attaching to various elements of the landscaping proposed for the site, those conditions being primarily ones that fix heights of particular trees at nominated locations, they being trees proposed to be planted as part of the landscaping plan for the premises.It is convenient, at the commencement of this decision, to note two matters. The first is that, consistent with the efficient undertaking of the proceedings, evidence in each...