Reed v Woollahra Municipal Council [2023] NSWLEC 1258

Reed v Woollahra Municipal Council [2023] NSWLEC 1258

The application, as amended through conciliation and in compliance with relevant planning instruments, environmental considerations, and heritage provisions, is appropriate for approval, satisfying the statutory tests for grant of consent.

Parties
Applicant: Genevieve Reed; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
31 May 2023
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Heritage, Demolition, Alterations and Additions, Landscaping, Conciliation Agreement
Planning and Environment Law Development Application Heritage Demolition Alterations and Additions Landscaping Conciliation Agreement

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Parties

Genevieve Reed

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application should be granted consent, considering heritage listing, planning controls, and compliance with relevant legislation and environmental planning instruments

Ratio Decidendi

The application, as amended through conciliation and in compliance with relevant planning instruments, environmental considerations, and heritage provisions, is appropriate for approval, satisfying the statutory tests for grant of consent.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application No DA520/2021/1 as amended, for partial demolition and alterations and additions to the existing house, new swimming pool and landscaping works on the land legally described as Lot 5, Section 5 in DP 58040 and Lot 6 in DP499728 also known as 14 Pacific...