Pallas Development Management Pty Limited trading as Fortis Development Group v Woollahra Municipal Council [2021] NSWLEC 1585

Land and Environment Court New South Wales

Medium Neutral Citation: Pallas Development Management Pty Limited trading as Fortis Development Group v Woollahra Municipal Council [2021] NSWLEC 1585 Hearing dates: Conciliation conference on 13 September 2021 Date of orders: 6 October 2021 Decision date: 06 October 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application, in the amount of $7,500.00, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No. 14/2021/1 for the demolition of existing buildings and the construction of a five storey commercial building over three levels of basement parking, at 21-27 Bay Street, Double Bay, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use commercial building – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 4.46, 4.47, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 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 Water Management Act 2000 s 90 Woollahra Local Environmental Plan 2014 cll 4.3, 4.4, 5.21, 6.1, 6.2 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Thinq Net Pty Limited v Woollahra Municipal Council [2020] NSWLEC 1063 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Category: Principal judgment Parties: Pallas Development Management Pty Limited trading as Fortis Development Group (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)