Potter v Woollahra Municipal Council [2021] NSWLEC 1119

Land and Environment Court New South Wales

Medium Neutral Citation: Potter v Woollahra Municipal Council [2021] NSWLEC 1119 Hearing dates: Conciliation held on 22 February 2021 Date of orders: 09 March 2021 Decision date: 09 March 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Applicant is given leave to amend its application to rely on amended drawing DA111, Revision F, dated 22 February 2021. (2) The appeal is upheld. (3) Development Application DA316/2019/1 for the demolition of the existing garage and front fence, excavation and construction of a new garage with mechanical system to accommodate four (4) cars, flood barrier and new front fence at 26-28 Wolseley Road, Point Piper NSW 2027 is approved, subject to the conditions of consent at "Annexure A". Catchwords: DEVELOPMENT APPLICATION – construction of a new garage with stacker – flood management – pedestrian safety – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Coastal Management) 2018 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Collette Potter (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) P Rigg (Solicitor) (Respondent)