Sun v Woollahra Municipal Council [2023] NSWLEC 1612

Land and Environment Court New South Wales

Medium Neutral Citation: Sun v Woollahra Municipal Council [2023] NSWLEC 1612 Hearing dates: Conciliation conference on 16 October 2023 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA 501/2022, as amended, for demolition of the existing dwelling, pool and garage; and, construction of a new dwelling, pool and landscaping at 12 Rawson Road in Rose Bay, is approved subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 ss 6.65, 10.10, 10.11, 10.12, Pt 10.3 Div 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cl 2.7 Category: Principal judgment Parties: Yijun Sun (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2023/148842 Publication restriction: No