Reed v Woollahra Municipal Council [2023] NSWLEC 1258

Land and Environment Court New South Wales

Medium Neutral Citation: Reed v Woollahra Municipal Council [2023] NSWLEC 1258 Hearing dates: Conciliation conference 12 May 2023 Date of orders: 31 May 2023 Decision date: 31 May 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 DA520/2021/1 as amended, for partial demolition and alterations and additions to the existing house, new swimming pool and landscaping works on the land legally described as Lot 5, Section 5 in DP 58040 and Lot 6 in DP499728 also known as 14 Pacific Street, Watsons Bay, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and alterations and additions to an existing dwelling – locally listed heritage item – amended plans – conciliation agreement – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.9 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, ss 10.2, 10.10, 10.11, 10.12 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 Woollahra Local Environmental Plan 2014, Sch 5, cll 2.7, 4.3, 6.1, 6.2, 6.4 Cases Cited: CK Design Pty Ltd v Penrith City Council (No 2) [2022] NSWLEC 97 Category: Principal judgment Parties: Genevieve Reed (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)