Irving v Woollahra Municipal Council [2025] NSWLEC 1118

Irving v Woollahra Municipal Council [2025] NSWLEC 1118

The appeal was upheld and development consent granted as the parties reached agreement at conciliation, and the Court was satisfied that all jurisdictional prerequisites for consent were met and that the amended development addressed all substantive objections and planning requirements.

Parties
First Applicant: Sharon Gaye Irving; Second Applicant: Mark Allan Irving; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
28 February 2025
Procedural Posture
Development Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted; costs ordered as specified.
Legal Topics
Development Application, Heritage Conservation Area, Conciliation Conference, Alterations and Additions, Single Garage, Jurisdictional Prerequisites
Planning and Environment Development Application Heritage Conservation Area Conciliation Conference Alterations and Additions Single Garage Jurisdictional Prerequisites

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sharon Gaye Irving

First Applicant

Mark Allan Irving

Second Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions to the existing dwelling, including new single garage structure, at 38 William Street, Paddington
  2. 2 Whether jurisdictional prerequisites under the relevant planning instruments and statutes are satisfied

Ratio Decidendi

The appeal was upheld and development consent granted as the parties reached agreement at conciliation, and the Court was satisfied that all jurisdictional prerequisites for consent were met and that the amended development addressed all substantive objections and planning requirements.

Court Disposition

Appeal upheld; development consent granted; costs ordered as specified.

Orders

  • The appeal is upheld.
  • 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.