Crooked River Land Holdings Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1323

Land and Environment Court New South Wales

Medium Neutral Citation: Crooked River Land Holdings Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1323 Hearing dates: Conciliation conference on 6 and 26 May 2022; 3 and 20 June 2022. Date of orders: 06 July 2022 Decision date: 06 July 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA554/2021 to amend DA 274/2020 at 432-440 Oxford Street, Paddington is determined by the grant of consent subject to the conditions set out in annexure "A". Catchwords: DEVELOPMENT APPLICATION – alterations and additions to development consent – shop top housing development – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Woollahra Local Environmental Plan 2014, cll 4.4, 4.6, 5.10, 5.21, 6.2 Category: Principal judgment Parties: Crooked River Land Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) K Mortimer (Solicitor) (Respondent)