Moshav Development Bondi Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1179

Land and Environment Court New South Wales

Medium Neutral Citation: Moshav Development Bondi Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1179 Hearing dates: Conciliation conference held on 7 April 2021 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: Proceedings No 2020/266979 (Lot A) (1) The appeal is upheld. (2) Development Application D/108/2020, as amended, for the construction of a residential dwelling including basement garage, swimming pool and associated landscaping and site works at proposed Lot A, approved under DA29/2019/1 on 21 May 2019, being part of Lot 5 DP 17954 (8 Hillside Ave, Vaucluse) and Lot 1 in DP 501531 (9 Hillside Ave, Vaucluse) is approved subject to the conditions annexed to this agreement at Annexure A. Proceedings No 2020/267030 (Lot B) (1) The appeal is upheld. (2) Development Application D/110/2020, as amended, for the construction of a residential dwelling including basement garage, swimming pool and associated landscaping and site works at proposed Lot B, approved under DA29/2019/1 on 21 May 2019, being part of Lot 5 DP 17954 (8 Hillside Ave, Vaucluse) and Lot 1 in DP 501531 (9 Hillside Ave, Vaucluse) is approved subject to the conditions annexed to this agreement at Annexure B. Proceedings No 2020/267031 (Lot C) (1) The appeal is upheld. (2) Development Application D/111/2020, as amended, for the construction of a dual occupancy including basement garage, inground private spas and associated landscaping and site works at proposed Lot C, approved under DA29/2019/1 on 21 May 2019, being part of Lot 5 DP 17954 (8 Hillside Ave, Vaucluse) and Lot 1 in DP 501531 (9 Hillside Ave, Vaucluse) is approved subject to the conditions annexed to this agreement at Annexure C. Catchwords: DEVELOPMENT APPLICATION – dwelling houses and dual occupancy development – view loss – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No. 55 – Remediation of Land, cl 17 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 13, 25, 26 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 5.10 Category: Principal judgment Parties: Moshav Development Bondi Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) D Le Breton (Solicitor) (Respondent)