Dutton v Council of the Municipality of Woollahra [2024] NSWLEC 1099

Land and Environment Court New South Wales

Medium Neutral Citation: Dutton v Council of the Municipality of Woollahra [2024] NSWLEC 1099 Hearing dates: Conciliation conference on 19-20 February 2024: final submissions 20 March 2024 Date of orders: 26 March 2024 Decision date: 26 March 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to DA 440/2022/1 for alterations and additions to convert an existing mixed-use building to a single dwelling with basement garaging, landscaping and a new swimming pool at 382 Edgecliff Road, Woollahra, subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION: dwelling house development in R3 Medium Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 34AA, 39 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Cchs 2, Ch 10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, Subdiv 2, s 2.99 Woollahra Local Environmental Plan 2014, cll 1.8A, 4.3, 4.4, 5.10, 6.1, 6.2, 6.9 Texts Cited: Woollahra Community Participation Plan 2019 Category: Principal judgment Parties: Amy Dutton (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: J McKelvey (Applicant) S Hill (Solicitor) (Respondent)