NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Yu v Woollahra Municipal Council [2024] NSWLEC 1166 Hearing dates: Conciliation conference on 25 and 26 March 2024 Date of orders: 10 April 2024 Decision date: 10 April 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Development Application DA115/2023/1 for a new three-storey dwelling with basement car parking, roof terrace, landscaping and boundary fencing on land legally described as Lot 3 in Deposited Plan 318314, known as 40 Towns Road, Vaucluse is determined by the grant of Development Consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 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 5.10, 6.2 Category: Principal judgment Parties: Joyce Yu (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: N Eastman (Applicant) S Patterson (Solicitor) (Respondent)
Solicitors: Hartley Solicitors (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2023/266727 Publication restriction: Nil
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