Oliver-Frost v Woollahra Municipal Council [2024] NSWLEC 1689

Land and Environment Court New South Wales

Medium Neutral Citation: Oliver-Frost v Woollahra Municipal Council [2024] NSWLEC 1689 Hearing dates: Conciliation conference on 15 October 2024 Date of orders: 30 October 2024 Decision date: 30 October 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA137/2023/1 for the demolition of the structures including driveway and construction of a new dwelling, swimming pool and associated landscaping at 37 Fitzwilliam Road, Vaucluse NSW 2030, also identified as Lot 1 in Deposited Plan 341240 is determined by the grant of development consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – construction of a dwelling – 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 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, Sch 5 Texts Cited: Woollahra Community Participation Plan 2019 Category: Principal judgment Parties: Nigel Graham Oliver-Frost (First Applicant) MHN Design Union Pty Ltd (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicants) D Havadjia (Solicitor)(Respondent)