Potter v Woollahra Municipal Council [2023] NSWLEC 1757

Land and Environment Court New South Wales

Medium Neutral Citation: Potter v Woollahra Municipal Council [2023] NSWLEC 1757 Hearing dates: Conciliation conference on 30 November 2023 Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No 602/2021/1, as amended, for the construction of a second dwelling on the lower part of 26-28 Wolseley Road, Point Piper (in the form of an attached dual occupancy with connectivity via the existing dwelling), landscaping, drainage and other associated works, is determined by the grant of consent, subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 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, 10.53, Pt 10.3, Div 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 1.8A, 2.7, 4.1A, 4.3, 4.4, 5.10, 6.1, 6.2, 6.4, Sch 5 Texts Cited: Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 Category: Principal judgment Parties: Collette Potter (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) S Simington (Solicitor) (Respondent)