NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Lidbetter v Woollahra Municipal Council [2022] NSWLEC 1506 Hearing dates: Conciliation conference on 11 August 2022 Date of orders: 20 September 2022 Decision date: 20 September 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA 408/2021/1 for alterations and additions to existing dwelling comprising a new swimming pool, garage and cabana at 41 Etham Avenue, Darling Point is determined by the grant of consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – residential – alterations and additions to a dwelling – garage, swimming pool and cabana - heritage – acoustic attenuation - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, ss 34, s34AA State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 2.3, 5.10 Category: Principal judgment Parties: Jacinta Lidbetter (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)
Solicitors: Pikes and Verekers Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2022/137263 Publication restriction: No
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