Griffin v Council of the Municipality of Woollahra [2023] NSWLEC 1656

Land and Environment Court New South Wales

Medium Neutral Citation: Griffin v Council of the Municipality of Woollahra [2023] NSWLEC 1656 Hearing dates: Conciliation conference on 27 and 28 September 2023 Date of orders: 07 November 2023 Decision date: 07 November 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA 5/2023/1 for alterations and additions to the existing dwelling, including excavation for a new basement parking area with tennis court above, two swimming pools (indoor and outdoor), tree removal and associated landscaping at Lot 2 in DP 554201, also known as 14 Rosemont Avenue, Woollahra, subject to the conditions of consent in Annexure "A". Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders – heritage general terms of approval Legislation Cited: Environmental Planning and Assessment Act 1979, Pt 4, Div 4.8, ss 4.16, 4.17, 4.47, 7.12, 8.7, 8.14 Land and Environment Court Act 1979, ss 34, 34AA, 39 Heritage Act 1997, ss 57, 58, 63 Environmental Planning and Assessment Regulation 2021, s 113 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.3 Woollahra Local Environmental Plan 2014, cll 1.2, 2.2, 4.3, 4.6, 5.10, 6.1, 6.2 Texts Cited: Woollahra Contributions Plan 2022 Category: Principal judgment Parties: Andrew Griffin (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: H. Grace (Applicant) S Patterson (Solicitor) (Respondent)