NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Moffat v Woollahra Municipal Council [2022] NSWLEC 1016 Hearing dates: 22 and 25 October 2021 Date of orders: 14 January 2022 Decision date: 14 January 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: See directions at [117]. Catchwords: DEVELOPMENT APPLICATION – dwelling house – alterations and additions – accessible roof terrace – heritage conservation area – desired future character – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34AA, 39 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014, cll 1.2, 2.2, 4.3, 4.6, 5.10, Sch 5 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy, April 2021 The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance, 2013 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Ben Moffat (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: T March (Applicant) J Ede (Solicitor) (Respondent)
Solicitors: Rydge Evans Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2021/206743 Publication restriction: No
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