Michael v Woollahra Municipal Council [2009] NSWLEC 1136

Michael v Woollahra Municipal Council [2009] NSWLEC 1136

Since all parties agreed in response to expert evidence that conditions C1(a) and C1(c) should be deleted, and condition C1(b) amended to adequately address neighbour concerns, the court found that no grounds under section 79C remained to oppose the appeal or the revised development consent.

Jurisdiction
Australia
Judgment Date
03 April 2009
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld by consent
Legal Topics
['development Consent' 'alterations and Additions to Dwelling']
['planning Law'] ['development Consent' 'alterations and Additions to Dwelling']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether conditions C1(a), C1(b), and C1(c) of the development consent should be maintained']

Ratio Decidendi

Since all parties agreed in response to expert evidence that conditions C1(a) and C1(c) should be deleted, and condition C1(b) amended to adequately address neighbour concerns, the court found that no grounds under section 79C remained to oppose the appeal or the revised development consent.

Court Disposition

appeal upheld by consent

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application DA785/2008 for alterations and additions to the dwelling house at 4C Wentworth Street, Point Piper, including a new swimming pool, new retaining wall and landscaping subject to the conditions in Annexure A.' 'Exhibits 1 and A are...