Concretive BHV Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: Concretive BHV Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1101 Hearing dates: Conciliation conference held 1 and 15 December 2023 and 2 February 2024 Date of orders: 08 March 2024 Decision date: 08 March 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA136/2023/1 and rely upon the amended plans and documents referred to in condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The Applicant's written request, pursuant to cl 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the WLEP, is upheld. (4) The appeal is upheld. (5) Development consent is granted to Development Application DA136/2023/1 (as amended) for substantial demolition of the existing residential apartment building and garage, and construction of a new residential apartment building with basement car park at 206B Victoria Road, Bellevue Hill, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 38 State Environmental Planning Policy (BASIX Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cCh 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 30 Woollahra Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 4.6, 5.10, 5.21, 6.1, 6.2 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) NSW Department of Planning and Environment, Planning Circular PS 18-003, February 2018 Category: Principal judgment Parties: Concretive BHV Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)