Wheeldon v Woollahra Municipal Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Wheeldon v Woollahra Municipal Council [2025] NSWLEC 1176

Hearing dates:

Conciliation conference on 6 March 2025

Date of orders:

31 March 2025

Decision date:

31 March 2025

Jurisdiction:

Class 1

Before:

O’Neill C

Decision:

The orders of the Court are:

(1) The appeal is upheld.

(2) Development Application No 226/2023/1 for the demolition of the existing house and garage and construction of a new dwelling, swimming pool and landscaping, at 11A Burrabirra Avenue, Vaucluse NSW 2030, also identified as Lot 1 in Deposited Plan 534559, is determined by the grant of consent, subject to the conditions of consent at Annexure A.

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.16, 8.7

Land and Environment Court Act 1979, s 34

Environmental Planning and Assessment Regulation 2021, s 38

State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

Woollahra Local Environmental Plan 2014, cll 4.3, 6.1, 6.2

Category:

Principal judgment

Parties:

Susan Wheeldon (Applicant)
Woollahra Municipal Council (Respondent)

Representation:

Counsel:
H Irish (Applicant)
J Farrell (Respondent)

Solicitors:
Boskovitz Lawyers (Applicant)
Woollahra Municipal Council (Respondent)

File Number(s):

2024/364616

Publication restriction:

No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No DA-226/2023/1 for demolition of the existing house and garage and construction of a new dwelling, swimming pool and landscaping at 11A Burrabirra Avenue, Vaucluse by Woollahra Municipal Council (the Council).

2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 6 March 2025. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions.

3. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are preconditions to the exercise of power to grant development consent for the proposal.

Amended application

4. The Council, as the consent authority, consented to the amendment of the application pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021. The plans and documents comprising the amended application are listed below:

Reference	Description	Author/Drawn	Date(s)
DA-001 DA-002 DA-003 DA-004 DA-004b DA-100 DA-101 DA-102 DA-103 DA-200 DA-201 DA-202 DA-301 DA-302 DA303 DA304 All Revision B	Architectural Plans	Atelier Lux	4/03/2025
Stormwater Plans S101 S200 S201 S202 S203 S300 S301 S302 S303 All Revision 03	Stormwater Plans	De Boke	5/03/2025
202502_11A_ Burrabirra_A0.0	Landscape Plan	Ben Kaye Garden Design	February 2025
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