Kalyk v Woollahra Municipal Council [2025] NSWLEC 1088

Kalyk v Woollahra Municipal Council [2025] NSWLEC 1088

The appeal is upheld and development consent is granted, as the Court is satisfied that all jurisdictional preconditions are met, the proposal is permissible and consistent with applicable planning controls, and the agreement reached by the parties is within the powers of the Court under s 34(3) of the LEC Act.

Source-derived case information.

Parties
Applicant: Glenda Kalyk; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
18 February 2025
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Determination
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Applications, Appeals, Alterations and Additions, Local Environmental Plans, State Environmental Planning Policies, Conciliation Conferences
Planning and Environment Law Development Applications Appeals Alterations and Additions Local Environmental Plans State Environmental Planning Policies Conciliation Conferences

Source-derived case record

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Parties

Glenda Kalyk

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Determination

Legal Issues

  1. 1 Whether development consent should be granted for extensive alterations and additions to an existing terrace house at 76 Moncur Street, Woollahra
  2. 2 Whether the amended application complies with relevant planning controls, including local environmental plans and state policies
  3. 3 Whether preconditions and procedural requirements for consent and appeal are satisfied

Ratio Decidendi

The appeal is upheld and development consent is granted, as the Court is satisfied that all jurisdictional preconditions are met, the proposal is permissible and consistent with applicable planning controls, and the agreement reached by the parties is within the powers of the Court under s 34(3) of the LEC Act.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave is granted to rely on the amended plans and documents referred to in Annexure A.
  • The appeal is upheld.