142C Bellevue Road Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1521

Land and Environment Court New South Wales

Medium Neutral Citation: 142C Bellevue Road Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1521 Hearing dates: Conciliation conference on 10 and 21 August, 11 and 29 September and 2 October 2020, final agreement filed 19 October 2020 Date of orders: 30 October 2020 and amended on 9 February 2021 Decision date: 30 October 2020 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in an amount as agreed or assessed. (3) The Applicant's written request pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP) seeking to justify the breach of the minimum lot size control pursuant to clause 4.1A of WLEP dated August 2020 has been considered and I have formed the necessary opinion of satisfaction under clause 4.1A of WLEP. Consequently, the Applicant's written request is well founded and is upheld. (4) The appeal in respect of the property known as 142C Bellevue Road, Bellevue Hill NSW 2023 is upheld. (5) Development Application DA/290/2018 to demolish the existing structure and construct a residential flat building including 4 units and other associated site works at 142C Bellevue Road, Bellevue Hill NSW 2023 is approved subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Woollahra Local Environmental Plan 2014 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Woollahra Development Control Plan 2015 Category: Principal judgment Parties: 142C Bellevue Road Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)