MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1213

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1213 Hearing dates: Conciliation conference held on 19 April 2024 Date of orders: 24 April 2024 Decision date: 24 April 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant's written request, pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP), seeking to vary the development standard for minimum lot size for residential flat buildings as set out at clause 4.1A of the WLEP, is upheld. (2) The applicant's written request, pursuant to clause 4.6 of the WLEP, seeking to vary the development standard for height of buildings as set out at clause 4.3 of the WLEP, is upheld. (3) The appeal is upheld. (4) Development Application DA237/2023/1 for the demolition of a dwelling house and construction of a three level residential flat building with basement parking and landscaping, at 43 Salisbury Road, Rose Bay NSW 2029 is determined by the grant of consent subject to conditions contained in Annexure B. (5) 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 by the amendment of the development application, as agreed or assessed. Catchwords: APPEAL – development application – residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Water Management Act 2000, s 90 Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 Woollahra Local Environmental Plan 2014, cll 4.1A, 4.3, 4.4, 5.21, 6.1, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9 Cases Cited: Fastbuck$ v Byron Shire Council (1999) 103 LGERA 94; [1999] NSWCA 19 Category: Principal judgment Parties: MHN Design Union Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) L Mulligan (Solicitor) (Applicant)