JN Development Management Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1819

Land and Environment Court New South Wales

Medium Neutral Citation: JN Development Management Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1819 Hearing dates: Conciliation conference on 25 and 26 November 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Consent 146/2018 granted on 20 December 2018 (as modified on 23 December 2019) for alterations and additions to approved dwelling including construction of new boat shed, construction of raised planters within the dwelling, removal of trees and new landscape works, at 9 Sutherland Crescent, Darling Point (Lot 2 of DP1189573), is modified by Modification Application 146/2018/4, subject to the conditions of consent at Annexure A. (3) Development Consent No.146/2018 is subject to the consolidated, modified conditions of consent at Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.56 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation, s 113 Woollahra Local Environmental Plan 2014, cl 6.4 Cases Cited: Canterbury-Bankstown Council v Realize Architecture Pty Ltd [2024] NSWLEC 31 Elkorr v Woollahra Council [2019] NSWLEC 1000 Category: Principal judgment Parties: JN Development Management Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)