Pearce v Woollahra Municipal Council [2023] NSWLEC 1122

Land and Environment Court New South Wales

Medium Neutral Citation: Pearce v Woollahra Municipal Council [2023] NSWLEC 1122 Hearing dates: Conciliation conference 2, 3 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development consent is granted to Development Application No DA24/2022, as amended, for the demolition of the existing dwelling and construction of a new five storey dwelling with pool and a garage at land identified as Lot A in Deposited Plan 332414, known as 62 Beresford Road NSW 2023, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION: Demolition and new residential dwelling – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6, Ch 2 Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 6.1, 6.2 Texts Cited: Woollahra Community Participation Plan 2019 Category: Principal judgment Parties: Jonathon Pearce (First Applicant) Zoe Pearce (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings, SC (First and Second Applicants) K Mezinec (Solicitor) (Respondent)