Zhang v Woollahra Municipal Council [2024] NSWLEC 1131

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Woollahra Municipal Council [2024] NSWLEC 1131 Hearing dates: Conciliation conference on 6 March 2024 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA 516/2021/1, as amended, for the demolition of an existing dwelling house and construction of a new part two and part three storey dwelling house, including basement carparking and a swimming pool at Lot 13, Section 5 in Deposited Plan 5932, known as 76A Beresford Road, Bellevue Hill, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new dwelling – conciliation conference - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, Sch 6, s 3 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 - 12, s 6.65 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 Amendment (Water Catchments) 2022 Woollahra Local Environmental Plan 2014, cll, 4.3, 6.1, 6.2 Category: Principal judgment Parties: Jian Zhang (Applicant) Juanyun Zhou (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: B Dyer (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)