Manning v Council of the Municipality of Woollahra [2023] NSWLEC 1312

Land and Environment Court New South Wales

Medium Neutral Citation: Manning v Council of the Municipality of Woollahra [2023] NSWLEC 1312 Hearing dates: 19 May 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA No 69/2022/1 for the alterations and additions to the existing dwelling and use of the following portions of the existing dwelling: (a) Ground floor: (i) garage, (ii) portico, (iii) foyer, (iv) media room, (v) kitchen, (vi) dining room, (vii) rear terrace, (viii) sitting room, (ix) built in gas BBQ. (b) First floor (i) foyer, (ii) bathroom, (iii) bed 1 and ensuite, (iv) bed 2, (v) bed 3, (vi) master bedroom with walk in robe and ensuite, at 301 Edgecliff Road, Woollahra, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing dwelling – use of nominated portions – amended plans – agreement between the parties – orders made Legislation Cited: Civil Procedure Act 2005, s 26 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 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, cl 5.10 Cases Cited: Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177 Texts Cited: Land and Environment Court of NSW, Practice Note Class 1 Development Appeals, 2018 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Louise Manning (Applicant) Council of the Municipality of Woollahra(Respondent) Representation: Counsel: J Smith (Applicant) S Wilson (Solicitor) (Respondent)