Wu v Woollahra Municipal Council [2024] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Wu v Woollahra Municipal Council [2024] NSWLEC 1118 Hearing dates: Conciliation conference on 11 March 2024 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 532/2022/1, as amended, for the demolition of the existing dwelling and construction of a new four-storey dual occupancy including a pool and garage at 4 Tivoli Avenue, Rose Bay is determined by the grant of consent, subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – 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 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 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 Woollahra Local Environmental Plan 2014 cll, 2.3, 2.7, 4.1A, 4.3, 4.6, 6.1, 6.2 Category: Principal judgment Parties: Xiao Liang Wu (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: B Dyer (Solicitor) (Applicant) J Zorzetto (Solicitor) (Respondent)