MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1408

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1408 Hearing dates: Conciliation Conference held on 11 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development Application No. DA172/2023/1 for the demolition of the existing strata titled residential flat building and construction of a new dwelling house, swimming pool and landscaping at 54 Streatfield Road, Bellevue Hill NSW 2023, also identified as Strata Plan 8639, is determined by the grant of development consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dwelling house - agreement. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 2, 4 Woollahra Local Environmental Plan 2014, cll 5.10, 6.1, 6.2, 6.9, Category: Principal judgment Parties: MHN Design Union Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)