Drumalbyn B Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1291

Land and Environment Court New South Wales

Medium Neutral Citation: Drumalbyn B Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1291 Hearing dates: Conciliation conferences on 30 April 2024 and 15 May 2024 Date of orders: 04 June 2024 Decision date: 04 June 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The modification application pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 is approved. (2) Development consent DA416/2021/1 granted by the Land and Environment Court on 11 January 2023 is modified in the terms listed in Annexure A. (3) Development consent DA416/2021/1 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – seniors living - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 102, 113 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, s 147 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 5.10, 6.2, 6.9 Cases Cited: RNB Property Group Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1012 Category: Principal judgment Parties: Drumalbyn B Pty Ltd (ACN 650 903 423) (First Applicant) Drumalbyn R Pty Ltd (ACN 650 902 677) (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicants) J.P Merlino (Solicitor) (Respondent)