NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Drumalbyn B Pty Ltd & Ors v Woollahra Municipal Council [2023] NSWLEC 1569 Hearing dates: Conciliation conferences on 11 August, 25 August and 4 September 2023 Date of orders: 28 September 2023 Decision date: 28 September 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA416/2021/1 is modified in the terms in Annexure A to this agreement. (3) Development consent DA416/2021/1 as modified by the Court is Annexure B to this agreement. Catchwords: MODIFICATION APPLICATION – modification application to Court consent – seniors living – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9 Environmental Planning and Assessment Regulation 2021, ss 38, 102 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cl 17 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy 65 (Design Quality of Residential Flat Development), cll 28, 30 Woollahra Local Environmental Plan 2014 , cll 1.8A, 4.4, 5.10, 6.1, 6.2 Cases Cited: RNB Property Group Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1012 Texts Cited: NSW Department of Planning, Apartment Design Guide 2015 Woollahra Community Participation Plan 2019 Category: Principal judgment Parties: Drumalbyn B Pty Ltd (First Applicant) Drumalbyn R Pty Ltd (Second Applicant) Bureau SRH Pty Ltd (Third Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)
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