Li v Woollahra Municipal Council (No. 2) [2023] NSWLEC 1337

Land and Environment Court New South Wales

Medium Neutral Citation: Li v Woollahra Municipal Council (No. 2) [2023] NSWLEC 1337 Hearing dates: Conciliation Conference on 6 February 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 327/2021 for the demolition of existing structures and the construction of a dwelling, swimming pool, and associated landscaping and site works at 85-89 Hopetoun Avenue, Vaucluse, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a new dwelling, swimming pool and associated landscaping – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Regulation 2021, Sch 6 s 3 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Woollahra Local Environmental Plan 2014, 5.21, 6.1, 6.2 Cases Cited: Li v Woollahra Municipal Council [2023] NSWLEC 1298 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: John Li (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) J Hewitt (Solicitor) (Respondent)