Curtis v Woollahra Municipal Council [2021] NSWLEC 1524

Land and Environment Court New South Wales

Medium Neutral Citation: Curtis v Woollahra Municipal Council [2021] NSWLEC 1524 Hearing dates: Conciliation conference on 17-18 August 2021 Date of orders: 08 September 2021 Decision date: 08 September 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court Notes that: (1) The Applicant has amended the application with the consent of the Woollahra Municipal Council. (2) The Applicant relies upon the amended plans and documents listed in condition A3 of the Conditions of Consent which are contained in Annexure A. (3) The Applicant has filed the amended plans and documents with the Court on 27 August 2021. (4) The Woollahra Municipal Council has uploaded the amended application on the NSW Planning Portal on 26 August 2021. The Court orders that: (1) The appeal is upheld. (2) Development Application No DA 76/2020/1 seeking consent for alterations and additions including a new basement level, is approved subject to conditions in Annexure A. Catchwords: APPEAL – development application – alterations and additions to a dwelling in a heritage conservation area – change to roof form – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55, Sch 1 Land and Environment Court Act 1979 s 34AA State Environmental Planning Policy No 55—Remediation of Land Woollahra Local Environmental Plan 2014 cl 5.10 Category: Principal judgment Parties: Mary E Curtis (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: N Eastman (Applicant) P Rigg (Solicitor) (Respondent)