Bureau SRH Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1325

Land and Environment Court New South Wales

Medium Neutral Citation: Bureau SRH Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1325 Hearing dates: Conciliation conference on 20 June 2022 Date of orders: 23 June 2022 Decision date: 23 June 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant's written request pursuant to clause 4.6 of Woollahra Local Environmental Plan 2014 prepared by GSA Planning dated June 2022 is upheld. (2) The appeal is upheld. (3) Development Application No. DA18/2022/1, to amend Development Consent No. DA206/2019, involving a change of use from an approved 6 unit apartment building to a new single dwelling and associated works at 11 - 13 Buller Street, Bellevue Hill (Lots 10 and 11 in Deposited Plan 979515), is determined by the grant of consent, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Woollahra Local Environmental Plan 2014, cll 4.3, 4.6, 6.1, 6.2 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Bureau SRH Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: N Eastman (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)