Jakob v Woollahra Municipal Council (No 2) [2021] NSWLEC 1743

Jakob v Woollahra Municipal Council (No 2) [2021] NSWLEC 1743

The parties settled conditions after the Court's earlier reasons for judgment, and the Court was satisfied that the agreed conditions accorded with those reasons; accordingly, the appeal was upheld and development consent was granted subject to the conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
03 December 2021
Procedural Posture
Class 1 Appeal / Final Orders Following Reasons for Judgment and Agreed Conditions
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'alterations and Additions to Existing Dwelling' 'height of Buildings Development Standard' 'cl 4.6 Written Request' 'view Loss' 'development Consent Conditions']
['environmental and Planning Law'] ['development Application' 'alterations and Additions to Existing Dwelling' 'height of Buildings Development Standard' 'cl 4.6 Written Request' 'view Loss' 'development Consent Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal / Final Orders Following Reasons for Judgment and Agreed Conditions

Legal Issues

  1. 1 ["Whether the agreed conditions filed by the parties accorded with the Court's reasons for judgment in Jakob v Woollahra Municipal Council [2021] NSWLEC 1667."]

Ratio Decidendi

The parties settled conditions after the Court's earlier reasons for judgment, and the Court was satisfied that the agreed conditions accorded with those reasons; accordingly, the appeal was upheld and development consent was granted subject to the conditions in Annexure A.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to DA 176/2020 for alterations and additions to an existing residential dwelling in order to facilitate a change of use to a residential flat building incorporating 2 x one bedroom units and 1 x three bedroom unit at 50 Wolseley Road, Point Piper, subject to...