Williams v Woollahra Municipal Council [2024] NSWLEC 1105

Land and Environment Court New South Wales

Medium Neutral Citation: Williams v Woollahra Municipal Council [2024] NSWLEC 1105 Hearing dates: Conciliation Conference on 7 February 2024 Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA587/2022, as amended, for the demolition of the existing dwelling and construction of a new three-storey dwelling house, swimming pool and associated landscaping work at 30A Russell Street Vaucluse 2030 (Lot B of DP 157925) subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition and construction new three-storey dwelling house – steep land – height of building - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA 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 4.3,4.6 Category: Principal judgment Parties: Nicola Williams (First Applicant) Paul Williams (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)