Brewster Murray Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1159

Land and Environment Court New South Wales

Medium Neutral Citation: Brewster Murray Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1159 Hearing dates: Conciliation conference on 19 March 2021 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant's written request to vary the height standard in clause 4.3 of the Woollahra Local Environmental Plan 2014, prepared by Elton Consulting and dated 18 June 2020 is upheld. (2) The appeal is upheld. (3) The development application DA495/2019 for the construction of a new dwelling with basement carparking, swimming pool and landscaping at Lot 501, DP 735510 (Nos 17-19) Cranbrook Road, Bellevue Hill NSW is approved, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – dwelling house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.15, 4.16 Environmental Planning and Assessment Regulation 2000, cl 3(1) Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 3, 20 Woollahra Local Environmental Plan 2014, cll 4.3, 4.6, 6.1 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Brewster Murray Pty Ltd Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)