Hillcrest Rose Bay Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1391

Land and Environment Court New South Wales

Medium Neutral Citation: Hillcrest Rose Bay Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1391 Hearing dates: Conciliation conference on 26 April 2024 Date of orders: 09 July 2024 Decision date: 09 July 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development application no. DA333/23 for alterations and additions to residential flat building at 780-786 New South Head Road, Rose Bay NSW is determined by the grant of development consent, subject to the conditions set out in Annexure "A". Catchwords: APPEAL – development application – alterations and additions to an existing residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 2.22, 4.15(1)(a)(e), 8.15(3); Sch 1 Pt 1 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 Pt 6.2 ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 145, 147; Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy Amendment (Housing) 2021, Sch 7A cl 8 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 4.3A, 4.4, 5.10, 6.1, 6.4, 6.9, Sch 5 Pt 1 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Hillcrest Rose Bay Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)