Oshry v Woollahra Municipal Council [2024] NSWLEC 1818

Land and Environment Court New South Wales

Medium Neutral Citation: Oshry v Woollahra Municipal Council [2024] NSWLEC 1818 Hearing dates: Conciliation conference on 14 November 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No DA326/2023/1 for alterations and additions to the existing dwelling house, at 7 Belah Gardens Vaucluse, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – 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 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 4.4E, 4.6 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: Terry Oshry (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: C Morton (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)