NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: 34 Cranbrook Road Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1720 Hearing dates: Conciliation conference on1 November 2024 Date of orders: 07 November 2024 Decision date: 07 November 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA249/2023/1 (DA) for the demolition of an existing residential flat building, and the construction of a new residential flat building with basement car parking and landscaping and other works, at 34 Cranbrook Road, Bellevue Hill NSW 2023 is determined by the grant of consent subject to conditions contained in Annexure 'B'. (3) The Applicant is to file the Amended Application plans and documents listed in Annexure A within two (2) days. (4) 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. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Water Management Act 2000, s 90 Environmental Planning and Assessment Regulation 2000, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Housing) 2021 Ch 2, Ch 4, s 47 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 2.7, 5.21 Texts Cited: Apartment Design Guide Woollahra Development Control Plan 2015 Category: Principal judgment Parties: 34 Cranbrook Road Pty Ltd (First Applicant) MHN Design Union Pty Ltd (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicants) J Ede (Solicitor) (Respondent)
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