Irving v Woollahra Municipal Council [2025] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Irving v Woollahra Municipal Council [2025] NSWLEC 1118 Hearing dates: Conciliation Conference 12 February 2025 Date of orders: 28 February 2025 Decision date: 28 February 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA 220/2024/1 for alterations and additions to the existing dwelling including new single garage structure at the rear at 38 William Street, Paddington NSW 2021, subject to conditions at Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000 to be paid within 21 days of the date of these orders. Catchwords: DEVELOPMENT APPEAL – alteration and additions to existing dwelling and new single garage – heritage conservation area - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.1, 6.6 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Woollahra Local Environmental Plan 2014 cll 4.3, 5.10, 5.21, 6.1, 6.2, 6.9 Texts Cited: Woollahra Community Participation Plan Category: Principal judgment Parties: Sharon Gaye Irving (First Applicant) Mark Allan Irving (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor)(First and Second Applicant) R Bullmore (Solicitor)(Respondent)