117 O’Sullivan Pty Ltd (ACN 642 192 185) v Woollahra Municipal Council [2022] NSWLEC 1583

Land and Environment Court New South Wales

Medium Neutral Citation: 117 O'Sullivan Pty Ltd (ACN 642 192 185) v Woollahra Municipal Council [2022] NSWLEC 1583 Hearing dates: 17 October 2022 Date of orders: 25 October 2022 Decision date: 25 October 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) the appeal is upheld; (2) Modification Application 416/2020-4 is approved and development Consent No. DA-416/2020 is modified in the terms in Annexure A; (3) Development Consent No. DA-416/2020 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.56, 8.9 Environmental Planning and Assessment Regulation 2000, cl 121B Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 4, 17, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 50, Sch 3 State Environmental Planning Policy 65 - Design Quality of Residential Flat Development State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3 Cases Cited: 117 O'Sullivan Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1426 Texts Cited: Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy (April 2021) NSW Department of Planning and Environment, Apartment Design Guide, 2015 Woollahra Community Participation Plan 2019 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: 117 O'Sullivan Pty Ltd (Applicant) Woollahra Municipal Council (Respondent)) Representation: Counsel: A Boskovitz (Solicitor)(Applicant) J Hewitt (Solicitor)(Respondent)