Polese v Woollahra Municipal Council [2021] NSWLEC 1264

Land and Environment Court New South Wales

Medium Neutral Citation: Polese v Woollahra Municipal Council [2021] NSWLEC 1264 Hearing dates: Conciliation conference on 19 and 20 April 2021 Date of orders: 20 May 2021 Decision date: 20 May 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court Orders: (1) The Applicant is given leave to amend its application to rely on the amended drawings DA2-111D Revision 1 dated 19 April 2021, DA2 201 Revision 2 dated 20 April 2021, DA2 301 Revision 2 dated 20 April 2021 and DA2 302 Revision 2 dated 20 April 2021 and revised BASIX Certificate (certificate number 1163063S). (2) The appeal is upheld. (3) Development Application DA 357/2020 for the excavation of basement level and modified vehicle and pedestrian access at 4 Queens Avenue, Vaucluse (the site) is approved, subject to the conditions of consent at "Annexure A". Catchwords: DEVELOPMENT APPLICATION – basement level excavation – amended vehicle and pedestrian access to basement – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 25, 26 Woollahra Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.1, 6.2 Texts Cited: Woollahra Development Control Plan 2015, clauses A1.1.9, B3.4, B3.7.3 Category: Principal judgment Parties: Marc Polese (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: R White (Applicant) D Le Breton (Solicitor) (Respondent)