Tavakoli v Woollahra Municipal Council [2024] NSWLEC 1791

Land and Environment Court New South Wales

Medium Neutral Citation: Tavakoli v Woollahra Municipal Council [2024] NSWLEC 1791 Hearing dates: 5 December 2024 Date of orders: 05 December 2024 Decision date: 05 December 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. DA-165/2023/1 for the subdivision of Lot 1 in Deposited Plan 270253 also known as 27 Eastbourne Road, Darling Point to create proposed Community Lot 18, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – subdivision of existing Lot to create proposed Community Lot Legislation Cited: Environmental Planning and Assessment Act 1979, s 1.5 Woollahra Local Environmental Plan 2014, cl 5.1A(3) Cases Cited: Goldcoral Pty Ltd (Receiver and Manager Appointed) v Richmond Valley Council [2024] NSWLEC 77 Category: Principal judgment Parties: Sheeva Tavakoli (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Seton (Solicitor) (Respondent)

Solicitors: Boskovitz Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2024/256640 Publication restriction: Nil

JUDGMENT 1. These proceedings arise following an appeal against Woollahra Municipal Council's refusal of development application DA-165/2023/1 for the subdivision of part of Lot 1 in DP 270253 to create a proposed Community Lot 18, and then consolidation of Lot 18 with Lot 17 DP 270253 to create a new Lot being Lot 19 in DP 270253, known as 27 Eastbourne Road, Darling Point (site).