MHN Design Union Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1529

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1529 Hearing dates: Conciliation Conference commencing 17 July 2023 Date of orders: 26 September 2023 Decision date: 26 September 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondents costs thrown away, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $6,000 within 28 days. (2) The appeal is upheld. (3) Development Application DA324/2022/1, for a residential flat building at 74 Bellevue Road, Bellevue Hill, (otherwise known as Lot 1 DP 532849), is determined by way of granting development consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building – agreement. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 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 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cl 6.2 Category: Principal judgment Parties: MHN Design Union Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: L Sims (Applicant) S Patterson (Solicitor) (Respondent)