JCP Construction & Development Pty Ltd v Woollahra Municipal Council (No. 2) [2022] NSWLEC 1192

Land and Environment Court New South Wales

Medium Neutral Citation: JCP Construction & Development Pty Ltd v Woollahra Municipal Council (No. 2) [2022] NSWLEC 1192 Hearing dates: 4 April 2022 Date of orders: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 203/2021/1 as amended, for the change of use and fit out of an existing building as a funeral home, at 37 Ocean Street, Woollahra, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, 2, 6, A, B, C and D, are returned. Catchwords: DEVELOPMENT APPLICATION – funeral home – resident objectors – orders by consent of parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.15 Land and Environment Court Act 1979, s 34, 34C Public Health Regulation 2012, Pt 8 Woollahra Local Environmental Plan 2014, cll 2.3, 5.10, 6.2, 6.3, 6.6, Pt 2 Sch 5 Cases Cited: JCP Construction & Development Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1204 Jeffrey v Canterbury Bankstown Council [2021] NSWLEC 73 Telstra Corp Ltd v Hornsby Shire Council (2006) 67 NSWLR 256; 146 LGERA 10; [2006] NSWLEC 133 Texts Cited: Land and Environment Court Practice Note, Class 1 Development Appeals. Category: Principal judgment Parties: JCP Construction & Development Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: C Shaw (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)