MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1583

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1583 Hearing dates: Conciliation conference on 10 September 2024 Date of orders: 24 September 2024 Decision date: 24 September 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The modification application is approved. (2) Development consent 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 granted by the Land and Environment Court on 24 April 2024 is modified in the terms in Annexure A. (3) Development consent DA237/2023/1 as modified by the Court is Annexure B. Catchwords: APPLICATION – modification application made directly to the Court – residential flat building – conciliation conference – agreement reached – orders made 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 100, 109, 113 Cases Cited: MHN Design Union Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1213 Category: Principal judgment Parties: MHN Design Union Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) D Havadjia (Solicitor) (Respondent)

Solicitors: Boskovitz Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2024/227401 Publication restriction: Nil