Initial Action Pty Ltd v Woollahra Municipal Council (No 2) [2019] NSWLEC 1151

Initial Action Pty Ltd v Woollahra Municipal Council (No 2) [2019] NSWLEC 1151

The Court had previously directed amendments to the architectural drawings and conditions. Those directions were complied with by filing amended architectural plans on 27 March 2019 and amended conditions of consent on 3 April 2019, so final orders were made upholding the appeal and approving the development application subject to the conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
12 March 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Consequential Orders After Compliance With Directions
Outcome
Appeal upheld; development application approved subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'residential Apartment Building' 'height of Buildings Development Standard' 'volume of Excavation' 'front Fence Height' 'private Views']
['planning and Environment Law'] ['development Application' 'residential Apartment Building' 'height of Buildings Development Standard' 'volume of Excavation' 'front Fence Height' 'private Views']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Consequential Orders After Compliance With Directions

Legal Issues

  1. 1 ["Whether Development Application No. 2016/367/1 for a residential flat building at 12-16 William Street, Double Bay should be approved after the Court's directions were complied with." "Whether the proposal's contravention of the height of buildings development standard, impact on private views, volume of excavation and front fence height warranted refusal or amendment."]

Ratio Decidendi

The Court had previously directed amendments to the architectural drawings and conditions. Those directions were complied with by filing amended architectural plans on 27 March 2019 and amended conditions of consent on 3 April 2019, so final orders were made upholding the appeal and approving the development application subject to the conditions in Annexure A.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. 2016/367/1 for a residential flat building at 12-16 William Street, Double Bay is approved, subject to the conditions of consent at Annexure A.' 'The exhibits, other than Exhibits B and 8, are returned.']