Moffat v Woollahra Municipal Council (No 2) [2022] NSWLEC 1061

Moffat v Woollahra Municipal Council (No 2) [2022] NSWLEC 1061

Upon satisfaction of Court directions regarding amendment and lodgment of the Development Application and finalisation of consent conditions, consent is granted to the amended Development Application for alterations and additions, including reconstruction of a rooftop terrace, consistent with the planning controls and heritage considerations discussed in the Principal Judgment.

Jurisdiction
Australia
Judgment Date
17 March 2022
Procedural Posture
Appeal / Final Orders
Outcome
Appeal upheld. Consent granted to amended Development Application, subject to specified conditions.
Legal Topics
['development Application' 'alterations and Additions' 'rooftop Terrace' 'heritage Conservation' 'appeal']
['planning and Environment Law'] ['development Application' 'alterations and Additions' 'rooftop Terrace' 'heritage Conservation' 'appeal']

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Procedural Posture

Appeal / Final Orders

Legal Issues

  1. 1 ['Whether consent should be granted to the amended Development Application for alterations and additions including reconstruction of a rooftop terrace at a heritage conservation area']

Ratio Decidendi

Upon satisfaction of Court directions regarding amendment and lodgment of the Development Application and finalisation of consent conditions, consent is granted to the amended Development Application for alterations and additions, including reconstruction of a rooftop terrace, consistent with the planning controls and heritage considerations discussed in the Principal Judgment.

Court Disposition

Appeal upheld. Consent granted to amended Development Application, subject to specified conditions.

Orders

  • ['The Appeal is upheld.' 'Consent is granted to Development Application DA-419/2020/1, as amended, for alterations and additions to reconstruct a rooftop terrace at the upper-most level of an existing dwelling at 142 Glenmore Road, Paddington, subject to conditions set out in Annexure A.' 'The exhibits are returned,...