Jacob v Woollahra Municipal Council [2023] NSWLEC 1501

Land and Environment Court New South Wales

Medium Neutral Citation: Jacob v Woollahra Municipal Council [2023] NSWLEC 1501 Hearing dates: Conciliation Conference 15 August 2023 Date of orders: 05 September 2023 Decision date: 05 September 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification application DA353/2012/2 (as amended), for modifications to Development Consent DA353/2021/1 including modification of Conditions A.3, C.2, C.4, H.1 and I.1 and the deletion of Conditions C.2(a), (b), (c) and (d) of the conditions of consent, at 36 Beresford Road Rose Bay, is approved, subject to the conditions of consent as modified as set out in Annexure A. Catchwords: APPEAL – Modification Application – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.10, 8.14 Environmental Planning and Assessment Regulation 2021, ss 100, 113 Land and Environment Court Act 1979, ss 17, 34AA, 34 Woollahra Local Environmental Plan 2014 Woollahra Local Environmental Plan 2014 (Amendment No 33) State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Woollahra Community Participation Plan 2019 Category: Principal judgment Parties: Pierre Jacob (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J King (Solicitor) (Respondent)