Gallon v Woollahra Municipal Council [2023] NSWLEC 1002

Land and Environment Court New South Wales

Medium Neutral Citation: Gallon v Woollahra Municipal Council [2023] NSWLEC 1002 Hearing dates: Conciliation conference on 7 November 2022; 5, 14 and 21 December 2022 Date of orders: 05 January 2023 Decision date: 05 January 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. DA-237/2022 seeking the demolition of the existing dwelling, and the construction of a new residential flat building containing four units; associated swimming pool, landscaping, and site works at 144 Bellevue Road, Bellevue Hill, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.7; Sch 1 Div 2, 7(1) Environmental Planning and Assessment Regulation 2021, ss 24, 27, 29, 38 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 55—Remediation of Land, cl 7 (repealed) State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 28 Woollahra Local Environmental Plan 2014, cll 4.1A, 4.3, 4.4, 4.6, 6.1, 6.2 Texts Cited: Woollahra Community Participation Plan 2019 Category: Principal judgment Parties: Nathan Gallon (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)