Luci v Council of the Municipality of Woollahra [2023] NSWLEC 1632

Land and Environment Court New South Wales

Medium Neutral Citation: Luci v Council of the Municipality of Woollahra [2023] NSWLEC 1632 Hearing dates: Conciliation conference held on 29, 30 August 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA459/2022 for the demolition of the existing structures on the site and construction of a new multi-storey dwelling house, swimming pool and landscaping on the land at 72 Beresford Road, Bellevue Hill NSW 2023, formally known as Lot 10, Section 5 Deposited Plan 5932 and Lot B Deposited Plan 406899, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition and construction new dwelling house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 7.12, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10, s 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cl 1.8A, 4.3, 4.6, 5.10, 6.1, 6.2 Category: Principal judgment Parties: Jade Luci (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)