The Scots College v Woollahra Municipal Council [2023] NSWLEC 1167

Land and Environment Court New South Wales

Medium Neutral Citation: The Scots College v Woollahra Municipal Council [2023] NSWLEC 1167 Hearing dates: Conciliation conference on 24 March 2023 Date of orders: 12 April 2023 Decision date: 12 April 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 390/2019/1 for the demolition of the tennis courts, excavation to create an underground carpark and associated facilities with new tennis courts above and new relocated entry from Cranbrook Lane, at 29-53 Victoria Road, Bellevue Hill, is determined by the grant of consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – existing school – new carpark and new tennis courts over – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, 55AA, 121B Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 3.36 Woollahra Local Environmental Plan 2014, cl 6.2, Sch 5 Category: Principal judgment Parties: The Scots College (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: S Peters (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)