Peponis-Brisimis v Woollahra Municipal Council [2024] NSWLEC 1075

Land and Environment Court New South Wales

Medium Neutral Citation: Peponis-Brisimis v Woollahra Municipal Council [2024] NSWLEC 1075 Hearing dates: Conciliation conference held on 15 and 16 February 2024 Date of orders: 27 February 2024 Decision date: 27 February 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Applicant's written request, prepared by Tony Moody, dated 15 February 2024, and made pursuant to cl 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP) to vary the height development standard in cl 4.3 of the WLEP, is upheld. (2) The appeal is upheld. (3) Development Application DA516/2022/1, as amended, seeking alterations and additions to an existing two-storey dwelling, including an additional storey at Lot B Deposited Plan 360514, also known as 4 Princes Avenue, Vaucluse is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – breach in height development standard – written request for variation in development standard – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, Div 2, ss 6.6, 6.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 4.6 Texts Cited: Woollahra Community Development Participation Plan 2023 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Suzane Peponis-Brisimis (Applicant) Woollahra Municipal Council Representation: Counsel: B Dyer (Solicitor) (Applicant) P Rigg (Solicitor) (Respondent)