Li v Woollahra Municipal Council [2023] NSWLEC 1191

Land and Environment Court New South Wales

Medium Neutral Citation: Li v Woollahra Municipal Council [2023] NSWLEC 1191 Hearing dates: Conciliation conference held on 29 March 2023 Date of orders: 20 April 2023 Decision date: 20 April 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) Leave is granted to the applicant to rely on the amended plans at condition A.3 of the conditions of consent, described in Annexure A. (2) The appeal is upheld. (3) The amended written requests made pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014, prepared by GSA and filed in March 2023, which seeks to vary development standard in clause 4.3 – Height, is upheld. (4) Development Application 552/2021/1, as amended, seeks to convert a Strata titled dual occupancy to a single residential dwelling by alterations and additions on Lots 1 and 2 in Strata Plan (SP) 51519, also known as 92-94 Wolseley Road, Point Piper, NSW is determined by grant of consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling - breach in height development standard – cl 4.6 request for variation of standards - conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, ss 49, 55 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 4.6 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: John Li (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Wright SC (Applicant) K Mezinec (Solicitor)(Respondent)