Group Architects Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1217

Land and Environment Court New South Wales

Medium Neutral Citation: Group Architects Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1217 Hearing dates: Conciliation conference on 11 April 2022 Date of orders: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The request pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP) in relation to the development standard at clause 4.1A of the WLEP (minimum lot size for dual occupancies, manor houses, multi dwelling housing and residential flat buildings) prepared by GSA Planning dated September 2021 is upheld. (2) The Appeal is upheld. (3) Development application number DA399/2021, lodged on 14 September 2021, for demolition of the existing dwelling and construction of a three-storey residential flat building at 18 Boronia Road, Bellevue Hill, is approved subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – 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, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 2, 28, 30, Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, cll 2.8, 2.9, 2.10, 2.11, 2.12, 4.6 Woollahra Local Environmental Plan 2014, cll 2.3, 2.7, 4.1A, 4.6, 5.21, 6.1, 6.2 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Group Architects Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)