Casey v Woollahra Municipal Council [2021] NSWLEC 1337

Land and Environment Court New South Wales

Medium Neutral Citation: Casey v Woollahra Municipal Council [2021] NSWLEC 1337 Hearing dates: Conciliation conference on 12 April 2021 and 24 May 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The applicant is granted leave to amend the application to rely on amended plans and documents listed under condition A.3 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 107/2020/1 for landscaping and associated excavation and the construction of: (i) an outdoor terrace on the lower ground floor to the rear of the dwelling; (ii) stairs along the eastern boundary; (iii) plant room; (iv) a garden level podium; at 8A Cooper Street, Paddington, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – addition of a rear terrace – heritage item – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 cll 2.2, 5.10 Category: Principal judgment Parties: Tim Casey (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J McKelvey (Applicant) S Puckeridge (Solicitor) (Respondent)