Halepa Holdings Pty Limited v Woollahra Municipal Council [2022] NSWLEC 1237

Land and Environment Court New South Wales

Medium Neutral Citation: Halepa Holdings Pty Limited v Woollahra Municipal Council [2022] NSWLEC 1237 Hearing dates: Conciliation conference on 2 May 2022 Date of orders: 17 May 2022 Decision date: 17 May 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in a sum as agreed or assessed. (2) The Applicant's amended written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 (LEP), prepared by Brett Daintry Associates dated 29 April 2022, seeking a variation of the development standard for height under clause 4.3 of the LEP, is upheld. (3) The appeal is upheld. (4) Development Application DA449/2020/1, for the demolition of an existing terrace and the construction of a new 5 storey shop top development at 14 Bay Street, Double Bay is approved subject to the conditions at 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, 8.15 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, Sch 1, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Sydney Regional Environmental Plan (Biodiversity and Conservation) 2021 Woollahra Local Environmental Plan 2014, cll 2.7, 4.3, 4.4, 4.6, 5.21, 6.1, 6.2 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Halepa Holdings Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) S Puckeridge (Solicitor) (Respondent)