Hakoah Club Ltd v Woollahra Municipal Council [2021] NSWLEC 1458

Land and Environment Court New South Wales

Medium Neutral Citation: Hakoah Club Ltd v Woollahra Municipal Council [2021] NSWLEC 1458 Hearing dates: Conciliation conference on 2 August 2021 Date of orders: 10 August 2021 Decision date: 10 August 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court Orders: (1) The appeal is upheld. (2) Development Application No. DA477/2019 for the first stage of the development of White City for a multi-purpose sports centre and registered club facilities including site remediation at 30 Alma Street, Paddington is approved subject to conditions at Annexure "A". (3) The Respondent is directed to register the development consent on the NSW planning portal in accordance with s 4.10(1) of the Environmental Planning and Assessment Act 1979 within 14 days. Catchwords: DEVELOPMENT APPLICATION – consent granted by Sydney Eastern City Planning Panel – Multi-purpose sports centre, registered club facilities, and site remediation at White City – objection to certain conditions – conciliation – agreement between the parties – satisfaction of jurisdictional preconditions to the grant of development consent – non-compliance with development standards for height – cl 4.6 objection – whether pre-conditions to specific height control for White City have been met – impacts on views – maintenance of heritage significance of White City – flood planning – site contamination – acid sulfate planning – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 4.22, 8.7, 8.15 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Woollahra Local Environmental Plan 2014 Category: Principal judgment Parties: Hakoah Club Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Simington (Solicitor) (Respondent)