Clutch 720 New South Pty Ltd v Council of the Municipality of Woollahra [2021] NSWLEC 1715

Land and Environment Court New South Wales

Medium Neutral Citation: Clutch 720 New South Pty Ltd v Council of the Municipality of Woollahra [2021] NSWLEC 1715 Hearing dates: Conciliation conference on 20 September 2021, final agreement filed 21 September 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Pursuant to Section 8.15(3) of the EPA Act, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the sum of $500.00 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Consent is granted to Development Application DA98/2021/1, for the change of use of two residential units to a commercial tenancy, associated alterations and additions, and stratum subdivision at 722-724 New South Head Road, Rose Bay (Lot 100 in DP 1256474), subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – change of use – alterations and additions – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 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 State Environmental Planning Policy No 64—Advertising and Signage, cl 3 State Environmental Planning Policy (Infrastructure) 2007, cl 101 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014, cll 1.2, 2.1, 4.3, 4.4, 5.21, 6.1, 6.2 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Clutch 720 New South Pty Ltd (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)