Merman Investments Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1472

Land and Environment Court New South Wales

Medium Neutral Citation: Merman Investments Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1472 Hearing dates: Conciliation conference on 2 August 2024 Date of orders: 06 August 2024 Decision date: 06 August 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is granted (2) Development consent no. DA325/2020/1 is modified in the terms in Annexure A (3) Development consent no. DA325/2020/1 as modified by the Court is Annexure B Catchwords: MODIFICATION APPLICATION – residential flat building - 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, State Environmental Planning Policy (Housing) 2021, ss 147 Cases Cited: Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 Category: Principal judgment Parties: Merman Investments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) D Le Breton (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2023/423287 Publication restriction: Nil

JUDGMENT 1. Commissioner: This is a modification application made to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act), being a modification application to a Land and Environment Court consent (Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582). The modification application was filed with the Court on 22 November 2023 and amended on 30 May 2024. 2. The proposed modifications to the original consent are for internal modifications to the basement and building as well as the provision of services including stairs, flooding/stormwater facilities and fire facilities. 3. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties on 2 August 2024. I presided over the conciliation conference. 4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court approving the modification application and modifying the development consent. 5. Accompanying the submitted s 34 agreement, the parties have provided a jurisdictional statement setting out how the proposal has satisfied the jurisdictional requirements and other matters. 6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. 7. The parties' decision involves the Court exercising the function under s 4.55(2) of the EPA Act to modify the development consent.