Bellevue Road Holdings Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1003

Land and Environment Court New South Wales

Medium Neutral Citation: Bellevue Road Holdings Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1003 Hearing dates: Conciliation conference on 12 August 2020; 21 December 2020 Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended plans and documentation referred to in condition A.3 of the conditions at Annexure "A". (2) The Applicant is to pay the Respondent's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $8,750.00 within 28 days of these orders. (3) The appeal is upheld. (4) Development Application DA344/2019/1 ("DA") for the demolition of all the existing structures (including tree removal) and construction of a new part three (3) part four (4) storey residential flat building at 142, 142A and 142B Bellevue Road, Bellevue Hill is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environment Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Bellevue Road Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)