Mikhail v Woollahra Municipal Council [2023] NSWLEC 1097

Land and Environment Court New South Wales

Medium Neutral Citation: Mikhail v Woollahra Municipal Council [2023] NSWLEC 1097 Hearing dates: Conciliation Conference 21 and 22 February 2023 Date of orders: 07 March 2023 Decision date: 07 March 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA331/2020 for the demolition of an existing dwelling house and ancillary structures and the construction of a new dwelling house with attached swimming pool and garaging, landscaping and site works at 5A Vaucluse Road, Vaucluse is granted development consent subject to the conditions contained in the annexure marked "A". Catchwords: DEVELOPMENT APPEAL – residential development– demolition of existing building – 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, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10, Pt 10.3, s 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 5.10, 6.1, 6.2 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Nagi Mikhail (First Applicant) Kate Mikhail (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Ede (Solicitor)(Respondent)