Reynolds v Woollahra Municipal Council [2020] NSWLEC 1429

Land and Environment Court New South Wales

Medium Neutral Citation: Reynolds v Woollahra Municipal Council [2020] NSWLEC 1429 Hearing dates: Conciliation conference on 11 September 2020 Date of orders: 16 September 2020 Decision date: 16 September 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to the Applicant to amend their application and rely on the following documents: (a) No.76 New Beach Road Darling Point NSW – Swimming Pool – Hydrogeological Assessment prepared by Aargus (Ref GS6645-6A) dated 28 June 2020; and (b) Construction Methodology and Structural Statement prepared by Fred Barros Engineering dated 7 July 2020. (2) The appeal is upheld. (3) Approval is granted to Development Application DA185/2019 for a new swimming pool at 76 New Beach Road, Darling Point, NSW subject to the consolidated, modified conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conditions relating to tree removal and geotechnical – existing consent for a swimming pool – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Woollahra Local Environmental Plan 2014 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Anthony John Reynolds (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: T Ward (Solicitor) (Applicant) B Mainhoff (Solicitor) (Respondent)