Ibrahim v Woollahra Municipal Council [2023] NSWLEC 1697

Land and Environment Court New South Wales

Medium Neutral Citation: Ibrahim v Woollahra Municipal Council [2023] NSWLEC 1697 Hearing dates: Conciliation conference on 16 November 2023 Date of orders: 16 November 2023 Decision date: 16 November 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA118/2023/1 for the replacement of the existing dwelling house with a part two and part three storey dwelling house with a basement garage level, swimming pool and associated landscape works on land identified as Lot 1 in DP 7523 located at 136 Bellevue Road, Bellevue Hill is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: APPEAL – development application – dwelling house – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014 (Amendment No 33) Woollahra Local Environmental Plan 2014, cll 1.8A, 4.3, 6.2 Category: Principal judgment Parties: Bashar Ibrahim (First Applicant) Attena Group Pty Ltd (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Smith (Applicants) J Zorzetto (Solicitor) (Respondent)