Peen v Woollahra Municipal Council [2023] NSWLEC 1446

Land and Environment Court New South Wales

Medium Neutral Citation: Peen v Woollahra Municipal Council [2023] NSWLEC 1446 Hearing dates: Conciliation conference 24 and 25 July 2023 Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA/40/2022/01 for alterations and additions to a residential dwelling house including first floor addition to an existing dwelling on Lot 2 in DP218700, also known as 5 Bell Street, Vaucluse, is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to residential dwelling – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 49, 55 Environmental Planning and Assessment Regulation 2021, Sch 6, Pt 1, s 3 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, 10, ss 6.65, 10.2, 10.10, 10.11, 10.19, 10.20, 10,21, 10.22, 10.23, 10.24, 10.25, 10.26, 10.27 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 55—Remediation of Land 1998 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 13 Woollahra Local Environmental Plan 2014 (Amendment No 33) Woollahra Local Environmental Plan 2014, cll 1.8A, 2.7, 5.10, 5.21, 6.1, 6.2 Cases Cited: CK Design Pty Ltd v Penrith City Council (No 2) [2022] NSWLEC 97 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Texts Cited: Woollahra Community Participation Plan 2017 Category: Principal judgment Parties: Katie Qi Peen (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Farrell (Applicant) J Zorzetto (Solicitor) (Respondent)