Mersonn Pty Ltd v Woollhara Municipal Council [2022] NSWLEC 1517

Land and Environment Court New South Wales

Medium Neutral Citation: Mersonn Pty Ltd v Woollhara Municipal Council [2022] NSWLEC 1517 Hearing dates: Conciliation conference on 12 September 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent no. DA/533/2017 for substantial alterations and additions to the approved residential dwelling at 4 Cove Street, Watsons Bay is modified in the terms set out in Annexure 'B'. (3) Development consent no. DA/533/2017 as modified by the Court is Annexure 'C'. Catchwords: MODIFICATION APPLICATION— modification application for dwelling house development in R2 low density residential zone – heritage conservation area – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Environmental Planning and Assessment Regulation 2021, cl 113 Land Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10, ss 10.19, 10.20, 10.22, 10.23, 10.24 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Woollahra Local Environmental Plan 2014, cll 4.3, 5.10, 5.21, 6.1, 6.2, 6.4 Category: Principal judgment Parties: Mersonn Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: N Eastman (Applicant) A Kleiss (Solicitor) (Respondent)