Yule v Woollahra Municipal Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Yule v Woollahra Municipal Council [2014] NSWLEC 1270 Hearing dates:6 August 2014Decision date: 07 August 2014 Jurisdiction:Class 1Before: Dixon C Decision: The appeal is upheld.Consent is granted to modify development consent number 211/2012 in accord with the plans in exhibit A, subject to the conditions of exhibit D.The exhibits will be returned upon written publication of the judgment apart from exhibits A, B and D. Catchwords: MODIFICATION - development consent – extension of balcony - owners’ consent Legislation Cited: Environmental Planning Assessment Act 1979 Environmental Planning Assessment Regulation 2000 Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003 Category:Principal judgmentParties: Helen June Yule (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Scott Nash (Applicant) Peter Rigg (Respondent) Solicitors: Boskovitz & Associates (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s):10246 of 2014This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.ex TEMPORE – Judgment COMMISSIONER: The applicant, Helen Yule, has development consent from Woollahra Council to renovate the balcony of her unit at 6/14 Fairfax Road, Bellevue Hill (the site). The consent (DA211 (2012/1) was issued by the Council on 3 December 2012 (the original consent). On 3 October 2013 Ms Yule made application to the Council to modify the terms of the original consent (DA 211 [2012/2]). The application was accompanied by plans and a letter from the strata manager of the units, Alldis & Cox, dated 12 November 2013....