Bellevue Road Holdings Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1105

Land and Environment Court New South Wales

Medium Neutral Citation: Bellevue Road Holdings Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1105 Hearing dates: Conciliation Conference 13 October 2021, 23 February 2022 Date of orders: 04 March 2022 Decision date: 04 March 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The written request prepared by Planning Ingenuity and dated 21 December 2021 pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 to vary the development standard in clause 4.4, Floor Space Ratio, is upheld; (2) The appeal is upheld; (3) Consent is granted for Development Application no. DA216/2021/1, for the alterations and additions to the approved residential flat building (under Development Consent DA344/2019) including the provision of additional units, the provision of 2 car lifts, the removal of a swimming pool and ancillary works at 142, 142a and 142b Bellevue Road, Bellevue Hill, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations to a residential flat building – amended plans – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 50, 55, Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65 (Design Quality of Residential Flat Development) Woollahra Local Environmental Plan 2014, cll 2.3, 2.7, 4.1A, 4.3, 4.4, 4.6, 5.21, 6.2 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Category: Principal judgment Parties: Bellevue Road Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)