MacKenzie v Woollahra Municipal Council [2022] NSWLEC 1253

The appeal is upheld and development consent is granted as jurisdictional prerequisites regarding heritage, earthworks, and contamination have been satisfied, with agreement between the parties as to conditions and amendments.

Parties: Applicant: Charlotte MacKenzie; Respondent: Woollahra Municipal Council
Jurisdiction: Australia
Judgment Date: 16 May 2022
Procedural Posture: Development Appeal / Final Determination After Conciliation Conference
Outcome: Appeal upheld; development consent granted subject to conditions
Legal Topics: Development Application, Alterations and Additions, Heritage, Earthworks, Site Contamination, Conciliation Conference

Planning and Environment Development Application Alterations and Additions Heritage Earthworks Site Contamination Conciliation Conference

Case Brief

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Parties

Charlotte MacKenzie

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Appeal / Final Determination After Conciliation Conference

Legal Issues

1 Whether development consent should be granted for alterations and additions to a heritage-listed residential site
2 Satisfaction of jurisdictional prerequisites regarding heritage, earthworks, and site contamination
3 Consideration of amendments to the development application

Ratio Decidendi

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

The appeal is upheld
Development application DA 350/2020 for extension to existing garage with new garage entry and lift to ground floor and minor associated landscaping works at 5-7 Trahlee Road, Bellevue Hill is determined by the grant of consent subject to the condition set out in annexure 'A'