Oliver-Frost v Woollahra Municipal Council [2024] NSWLEC 1289

Land and Environment Court New South Wales

Medium Neutral Citation: Oliver-Frost v Woollahra Municipal Council [2024] NSWLEC 1289 Hearing dates: Conciliation conference 7 May 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to file the plans and documents listed at [2] of this judgment. (2) The appeal is upheld. (3) Development Application DA70/2023/1, as amended, for the demolition of the existing dwelling and garage and construction of a four-storey dual occupancy development with basement parking, swimming pools and associated landscaping at 588 New South Head Road Point Piper, also identified as Lot 1 in Deposited Plan 952343 is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 27, 38 Land and Environment Court Act 1979, ss 34AA, 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 and 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Woollahra Local Environmental Plan 2014, cl 1.8A, 2.7, 4.1A, 4.3, 4.4E, 6.1, 6.2, 6.4, 6.9 Category: Principal judgment Parties: Nigel Graham Oliver-Frost (First Applicant) MHN Design Union Pty Ltd ACN 003 717 682 (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Wright SC (Applicant) K Mortimer (Solicitor) (Respondent)