Clermont Residences Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1293

Land and Environment Court New South Wales

Medium Neutral Citation: Clermont Residences Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1293 Hearing dates: Conciliation conference on 2 June 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Consent No. 177/2020, as modified, is further modified by Modification Application No. 177/2020/3, subject to the consolidated conditions of consent at Annexure A. Catchwords: MODIFICATION APPLICATION – conciliation conference – 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 Woollahra Local Environmental Plan 2014 Category: Principal judgment Parties: Clermont Residences Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) C Patterson (Solicitor) (Respondent)

Solicitors: Boskovitz Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2022/329099 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Modification Application No. 177/2020/3 to modify Development Consent No. 177/2020, as previously modified (the proposal), at 132 Bellevue Road, Bellevue Hill (the site) by Woollahra Municipal Council (the Council). 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 2 June 2023. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 3. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.55(2) of the EPA Act to modify the development consent. 4. There are preconditions to the exercise of power to modify the development consent.