Clermont Residences Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1832

Land and Environment Court New South Wales

Medium Neutral Citation: Clermont Residences Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1832 Hearing dates: Conciliation conference 6 December 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Consent is granted to Modification Application DA 177/2020/6 and accordingly, Development Consent No. DA 177/2020 is modified in the terms in Annexure A. (3) Development Consent No. DA 177/2020 for demolition and construction of a residential flat building at 132 Bellevue Road, Bellevue Hill, as modified by the Court, is Annexure B. Catchwords: MODIFICATION APPLICATION – residential flat building – conciliation conference – agreement reached – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.55, 4.56, 8.9 Land and Environment Court Act 1979 s 34 Environmental Planning and Assessment Regulation 2021s 100, 102, 113 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning (Housing) 2021 Woollahra Local Environment Plan 2014 cll 4.4, 4.6, 6.1 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468, (1998) 97 LGERA 433 Texts Cited: Apartment Design Guide Woollahra Community Participation Plan Category: Principal judgment Parties: Clermont Residences Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Paterson (Solicitor) (Respondent)