Hawkins v Woollahra Municipal Council [2023] NSWLEC 1209

Land and Environment Court New South Wales

Medium Neutral Citation: Hawkins v Woollahra Municipal Council [2023] NSWLEC 1209 Hearing dates: Conciliation conference on 12 April 2023 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application No. 521/2021/1 in accordance with the amended plans and documents set out in Annexure 'A'. (2) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent, as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The Appeal is upheld. (4) Development consent is granted to Development Application No. 521/2021/1, as amended, for the alterations and additions to an existing two storey semi-attached terrace dwelling, including new studio outbuilding, new attic level with rear dormer, swimming pool, and associated landscaping works on land legally described as Lot 1 in DP445249 and known as 5A Hargrave Street, Paddington, subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dwelling – alterations and additions – heritage – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 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 Woollahra Local Environmental Plan 2014, cll 5.10, 6.2 Category: Principal judgment Parties: Kate Hawkins (First Applicant) Tate Hawkins (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Hill (Solicitor) (Respondent)