Masolage Holdings Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1705

Land and Environment Court New South Wales

Medium Neutral Citation: Masolage Holdings Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1705 Hearing dates: Conciliation conference on 24 November 2023; 15 December 2023; 9 February 2024; 8 & 25 March 2024; 12 & 21 June 2024; 19 August 2024; 2 & 23 September 2024; 4 & 18 October 2024; s34 agreement received on 30 October 2024 Date of orders: 05 November 2024 Decision date: 05 November 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 amended application, 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 consent is granted to development application no. 278/2022 for the use of part of a heritage item for occasional events on land at 68 Darling Point Road, Darling Point including the lawns, ballroom, dining and other parts of the land and building for up to 41 event days over a 12-month period, subject to the conditions set out in Annexure "A". Catchwords: APPEAL – development application – use of part of a heritage item for occasional events – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.17(10B), 4.47, 8.15(3) Heritage Act 1977, s 58 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Woollahra Local Environmental Plan 2014, cl 5.10 Texts Cited: AS/NZS 4282: Control of the obtrusive effects of outdoor lighting Woollahra Community Participation Plan (adopted 26 June 2023) Category: Principal judgment Parties: Masolage Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: N Eastman SC / J Smith (Applicant) S Puckeridge (Solicitor) (Respondent)