Kalyk v Woollahra Municipal Council [2025] NSWLEC 1088

Land and Environment Court New South Wales

Medium Neutral Citation: Kalyk v Woollahra Municipal Council [2025] NSWLEC 1088 Hearing dates: Hearing and Conciliation Conference 22 January 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) Leave is granted to rely on the amended plans and documents referred to in Annexure A. (2) The appeal is upheld. (3) Development Application No DA237/2024 for extensive alterations and additions to an existing terrace house (including new basement level, attic and spa) at 76 Moncur Street, Woollahra (Lot 34 Section A DP12), is determined by the grant of consent, subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – alterations and additions to terrace house – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34 Environmental Planning and Assessment Regulation 2021, ss 23, 37, 38, Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Sustainable Buildings) 2022, Sch 1 Woollahra Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 4.4, 5.10, 6.1, 6.2, Sch 5 Category: Principal judgment Parties: Glenda Kalyk (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) K Mortimer (Solicitor) (Respondent)