DP Concept Pty Ltd As Trustee For DP Concept Family Trust v Council of the Municipality of Woollahra [2023] NSWLEC 1662

Land and Environment Court New South Wales

Medium Neutral Citation: DP Concept Pty Ltd As Trustee For DP Concept Family Trust v Council of the Municipality of Woollahra [2023] NSWLEC 1662 Hearing dates: Conciliation conferences held on 2 August and 4 September 2023 Date of orders: 07 November 2023 Decision date: 07 November 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. 77/2015/2 is modified in the terms in Annexure A. (3) Development Consent No. 77/2015/2 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, ss 8.9, 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (2002 EPI 530), cl 29 Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 2014, cll 4.3, 4.6 Cases Cited: Jewel Rose Bay Developments Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1421 SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Woollahra Community Participation Plan, 2019 Category: Principal judgment Parties: DP Concept Pty Ltd As Trustee For DP Concept Family Trust (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) P Rigg (Solicitor) (Respondent)