Kew Bellevue Hill Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1431

Land and Environment Court New South Wales

Medium Neutral Citation: Kew Bellevue Hill Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1431 Hearing dates: Conciliation conference on 16 May, 22 June and 5 July 2023 Date of orders: 08 August 2023 Decision date: 08 August 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court Orders (1) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld (3) Development application DA335/22 for demolition of existing dwellings and construction of a residential flat building, basement parking and landscaping works at Lot 1 in DP34743, Lot 1 in DP105443 and Lot 88 in DP1039955 (also known as 84, 86 and 88 Birriga Road, Bellevue Hill, NSW) is determined by the grant of consent, subject to the conditions set out in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – construction of residential flat buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979 s 34 Woollahra Local Environmental Plan 2014 cll 4.1, 4.3, 4.4, 6.1, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021 Category: Principal judgment Parties: Kew Bellevue Hill Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Gadiel (Solicitor)(Applicant) S Patterson (Solicitor)(Respondent)