Oliver-Frost v Woollahra Municipal Council [2024] NSWLEC 1144

Land and Environment Court New South Wales

Medium Neutral Citation: Oliver-Frost v Woollahra Municipal Council [2024] NSWLEC 1144 Hearing dates: Conciliation conference on 18 March 2024 Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA552/2022/1 for the demolition of the existing dwelling, and construction of a new dwelling with a basement garage, in-ground pool, rooftop terrace with wading pool and associated landscaping at 37 Fitzwilliam Road, Vaucluse, being the whole of the land in Lots 1 and 2 in Deposited Plan 341240, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – residential property – bulk and scale – desired future character – landscaping – potential view loss – agreement between the parties – orders Legislation Cited: Coastal Management Act 2016, ss 2.10, 2.11 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.10 Land and Environment Court Act 1979, ss 16,17, 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 3, 23, 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cll 6.6, 6.7, 6.8, 6.9, 6.10, Chs 2, 6, Sch 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6, Ch 2 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Woollahra Local Environmental Plan 2014, cll 1.8A, 2.3, 2.7, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.9 Woollahra Local Environmental Plan 2014 (Amendment No 33) Texts Cited: Woollahra Community Participation Plan 2017 Woollahra Development Control Plan 2014 Category: Principal judgment Parties: Nigel Graham Oliver-Frost (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Dr S Berveling (Applicant) S Simington (Solicitor) (Respondent)