Lan v Woollahra Municipal Council [2024] NSWLEC 1194

Land and Environment Court New South Wales

Medium Neutral Citation: Lan v Woollahra Municipal Council [2024] NSWLEC 1194 Hearing dates: Conciliation conference held on 12 April 2024 Date of orders: 18 April 2024 Decision date: 18 April 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA533/22/1, as amended, seeking alterations and additions to an existing dwelling including a proposed secondary dwelling and associated basement garage under the existing rear tennis court and proposed lift at Lot 4A Deposited Plan 942202, also known as 42 Vaucluse Road, Vaucluse is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations to an existing dwelling - construction of a secondary dwelling above garage – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, Div 2, ss 6.6, 6.7, 6.11 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 2.3, 5.4, 5.10, 6.2, Texts Cited: Woollahra Community Development Participation Plan 2023 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Junlin Lan (First Applicant) Monica Hairu Yang (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: T Wood (Solicitor)(First and Second Applicants) C Patterson (Solicitor)(Respondent)