Protea Holdings NSW Pty Limited v Woollahra Municipal Council [2024] NSWLEC 1681

Land and Environment Court New South Wales

Medium Neutral Citation: Protea Holdings NSW Pty Limited v Woollahra Municipal Council [2024] NSWLEC 1681 Hearing dates: Conciliation conference on 18 October 2024: submissions 22 October 2024 Date of orders: 28 October 2024 Decision date: 28 October 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Modification Application DA171/2015/7 (as amended) for the modification of DA171/2015/1 relating to 6-10 Cecil Street Paddington is approved. (2) Development consent DA171/2015/1 relating to 6-10 Cecil Street Paddington is modified in the terms in Annexure A. (3) Development consent DA171/2015/1 relating to 6-10 Cecil Street Paddington as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – modification to Plan of management for boarding house – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Housing) 2021, Div 3 Cases Cited: Cracknell & Lonergan Architects Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1443 Ku-ring-gai Council v Buyozo Pty Ltd (2021) 248 LGERA 300; [2021] NSWCA 177 Category: Principal judgment Parties: Protea Holdings NSW Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)