Royal Sydney Golf Club Ltd v Woollahra Municipal Council [2022] NSWLEC 1656

Land and Environment Court New South Wales

Medium Neutral Citation: Royal Sydney Golf Club Ltd v Woollahra Municipal Council [2022] NSWLEC 1656 Hearing dates: Conciliation Conference 22 July, 3 November 2022 Date of orders: 01 December 2022 Decision date: 01 December 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the Development Application, as agreed or assessed. (2) The Appeal is upheld. (3) Development Application No. DA402/2019/1 for the renovation and landscape rehabilitation of the existing 18 hole championship golf course including site works, service upgrades, tree removal and replacement plantings at 701 – 703 New South Head Road, Rose Bay (Lot 1 DP630927; Lots 11, 12, 13, 14, 15 and 16 in Section B DP5592; Lot 4 DP224930) is approved subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – renovation and rehabilitation of existing golf course – amended plans and further information provided during conciliation – agreement between the parties – orders made Legislation Cited: Biodiversity Conservation Act 2016, ss 6.12, 7.13, 7.16, 7.7 Biodiversity Conservation Regulation 2017, cl 7.1 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974, s 90 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 10.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Flood Planning) 2021 State Environmental Planning Policy No 55—Remediation of Land Woollahra Local Environmental Plan 2014, cll 5.10, 5.21, 6.1, 6.2 Texts Cited: NSW Department of Planning and Environment, Biodiversity Assessment Method 2020 Woollahra Community Participation Plan 2019 Category: Principal judgment Parties: Royal Sydney Golf Club Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso, SC (Applicant) C Ireland (Applicant) A Stafford (Respondent)