Prominent Ventures Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1709

Land and Environment Court New South Wales

Medium Neutral Citation: Prominent Ventures Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1709 Hearing dates: Conciliation conference on 29 November 2022, final agreement filed on 15 November 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend DA143/2020 and rely on the amended plans and documents listed at condition A.8 of Annexure A. (2) The appeal is upheld. (3) Development Consent DA143/2020 is modified in the terms set out at Annexure A. (4) Development Consent DA143/2020 as modified by the Court is set out at Annexure B. Catchwords: MODIFICATION APPLICATION – multi-dwelling housing development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 10.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 4.4, 5.10, 6.1, 6.2 Category: Principal judgment Parties: Prominent Ventures Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)