Doonside Holdings Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1736

Land and Environment Court New South Wales

Medium Neutral Citation: Doonside Holdings Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1736 Hearing dates: Conciliation conference 26 November 2021 Date of orders: 6 December 2021 Decision date: 06 December 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: 1) The appeal is upheld 2) Development Application DA/40/2021/1 seeking approval for the substantial demolition of the existing commercial building and construction of new upper levels resulting in a five storey commercial building on 55 Bay Street, Double Bay (Lot 1 DP796750) is approved subject to the conditions set out in Annexure A. 3) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $12,250.00 to be paid within 28 days of these orders. Catchwords: DEVELOPMENT APPLICATION: partial demolition of an existing commercial building – construction of new upper floors – amended plans – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 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 Water Management Act 2000 Woollahra Local Environmental Plan 2014, cll 2.7, 4.3, 4.4, 4.6, 5.21, 6.1, 6.2 Texts Cited: Waverly Community Participation Plan 2019 Category: Principal judgment Parties: Doonside Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Applicant) S Symington (Respondent)