JN Development Management Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1820

Land and Environment Court New South Wales

Medium Neutral Citation: JN Development Management Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1820 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 574/2015 granted on 17 August 2016 for demolition of existing dwelling and construction of new part three (3) and part four (4) storey dwelling house with swimming pool, garage and associated landscaping, at 9 Sutherland Crescent, Darling Point (Lot 2 of DP1189573), is modified by Modification Application 574/2015/4, subject to the conditions of consent at Annexure A. (3) Development Consent No.574/2015 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, ss 4.56, 8.9, Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation, s 113 Woollahra Local Environmental Plan 2014 Cases Cited: Canterbury-Bankstown Council v Realize Architecture Pty Ltd [2024] NSWLEC 31 JN Development Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1361 Category: Principal judgment Parties: JN Development Management Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)