Reid v Woollahra Municipal Council [2024] NSWLEC 1299

Land and Environment Court New South Wales

Medium Neutral Citation: Reid v Woollahra Municipal Council [2024] NSWLEC 1299 Hearing dates: Conciliation conference on 27 May 2024 Date of orders: 12 June 2024 Decision date: 12 June 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application 54/2023/1 for the demolition of the existing attached dual occupancy, construction of a new attached dual occupancy, swimming pool, parking at street level and associated site works and landscaping at 54 New Beach Road, Daring Point NSW being Strata Plan 33166 is determined by the grant of consent subject to conditions contained in Annexure B. Catchwords: DEVELOPMENT APPLICATION: attached dual occupancy development in R3 Medium Density Residential zone – height of building standard exceeded – conciliation conference – agreement between parties - orders Legislation Cited: Coastal Management Act 2016 Environmental Planning and Assessment Act 1979, ss 4.46, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Woollahra Local Environmental Plan 2014, cll 4.1A, 4.3, 6.2 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1097 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Woollahra Development Control Plan 2015 Woollahra Community Participation Plan Category: Principal judgment Parties: Molly Patricia Reid (First Applicant) Tobias Partners Pty Ltd (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Seymour SC (Applicants) P Rigg (Solicitor)(Respondent)