Shaw v Woollahra Municipal Council [2023] NSWLEC 1358

Land and Environment Court New South Wales

Medium Neutral Citation: Shaw v Woollahra Municipal Council [2023] NSWLEC 1358 Hearing dates: 7 & 8 June 2023 Date of orders: 07 July 2023 Decision date: 07 July 2023 Jurisdiction: Class 1 Before: Walsh C Decision: In Proceedings 2023/0074046: The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979, Woollahra Municipal Council is directed to issue a Building Information Certificate in respect of Building Information Certificate Application No. BIC 2/2023, concerning the property at 62 Queen Street Woollahra, within 14 days. (3) The exhibits are returned with the exception of Ex 1, 5, A, B, H, M and P, which are retained. In Proceedings 2023/0074021: The Court orders: (1) The appeal is upheld. (2) Development Consent No. DA216/2020 is modified in the terms in Annexure A. (3) Development Consent No. DA216/2020 as modified by the Court is Annexure B. (4) The exhibits are returned with the exception of Ex 1, 5, A, B, H, M and P, which are retained. Catchwords: MODIFICATION APPLICATION – building works undertaken without consent – application for building information certificate – modification of consent Legislation Cited: Conveyancing Act 1919, s 88E Environmental Planning and Assessment Act 1979, ss 4.16,4.56, 8.7, 8.9, 8.25 Land and Environment Court Act 1979, s 34 Woollahra Local Environmental Plan 2014, Sch 5 Cases Cited: Scarf v Shoalhaven City Council [2021] NSWLEC 128 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Graeme Shaw (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Dr S Berveling (Applicant) P Rigg (Respondent)