Boyd v Woollahra Municipal Council [2024] NSWLEC 1398

Land and Environment Court New South Wales

Medium Neutral Citation: Boyd v Woollahra Municipal Council [2024] NSWLEC 1398 Hearing dates: Conciliation conference on 27 June 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 87/2022 for substantial alterations and additions to the existing dwelling, including substantial demolition, construction of a new dwelling and ancillary works, at 127 Victoria Road, Bellevue Hill, is determined by the grant of consent, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34AA, 34, 39 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.28, Sch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan, cll 4.6, 5.10, 5.21, 6.1, 6.2 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: John David Boyd (First Applicant) Marly Boyd (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Wright SC (Applicant) J Hewitt (Solicitor) (Respondent)