Casey v Woollahra Municipal Council [2021] NSWLEC 1719

Land and Environment Court New South Wales

Medium Neutral Citation: Casey v Woollahra Municipal Council [2021] NSWLEC 1719 Hearing dates: 26 October 2021 Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. DA410/2019 is modified in the terms in Annexure A. (3) Development Consent No. DA410/2019 as modified by the Court is Annexure B. (4) Development Consent No. DA107/2020 as modified by the Court pursuant to s 4.17(1)(b) of the Environmental Planning & Assessment Act 1979 is Annexure C. (5) All exhibits are returned, except Exhibits B, L and 2. Catchwords: MODIFICATION APPLICATION – heritage significance – effect of proposed development on heritage conservation area – conditions of consent Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9, Land Environment Court Act 1979, s 34 Woollahra Local Environmental Plan 2014, cl 5.10, Sch 5 Texts Cited: National Construction Code The Burra Charter, the Australia ICOMOS Charter for Places of Cultural Significance Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Timothy Casey (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J McKelvey (Applicant) S Puckeridge (Solicitor) (Respondent)