Younes v Woollahra Municipal Council [2023] NSWLEC 1701

Land and Environment Court New South Wales

Medium Neutral Citation: Younes v Woollahra Municipal Council [2023] NSWLEC 1701 Hearing dates: Conciliation conference on 2 November 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA404/2022/1 for the demolition of two existing dwellings and construction of a part two, part three storey dwelling, a swimming pool, tennis court, landscaping and carparking at 76-78 New South Head Road, Vaucluse NSW 2030 also identified as Lot C and Lot D in DP374587 is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a new residential dwelling with basement car parking, tennis court, swimming pool and associated landscaping – amended plans – conciliation conference – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Div 2, s 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 4.6 Texts Cited: Woollahra Community Participation Plan 2019 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Lolita Younes (First Applicant) MHN Design Union Pty Ltd (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC (First and Second Applicant) J Hewitt (Solicitor) (Respondent)