Cherice Pty Ltd v Woollahra Municipal Council [2025] NSWLEC 1131

Land and Environment Court New South Wales

Medium Neutral Citation: Cherice Pty Ltd v Woollahra Municipal Council [2025] NSWLEC 1131 Hearing dates: Conciliation conference held on 17 February and 5 March 2025 Date of orders: 5 March 2025 Decision date: 05 March 2025 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) Leave is granted, pursuant to s 113 of the Environmental Planning and Assessment Regulation 2021, to the Applicant amending Modification Application DA355/2019/4 in accordance with the amended plans and additional information at Annexure C. (2) The application is granted. (3) Development Consent No DA355/2019/1 is modified in the terms in Annexure A. (4) Development Consent No DA355/2019/1 as modified by the Court is Annexure B. Catchwords: APPLICATION – s 4.55(8) application to the Court to modify a development consent granted by the Court – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 100 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 98, 102, 107 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, Div 2, ss 6.6, 6.7, 6.8, 6.9, 6.10; Sch 6 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Woollahra Local Environmental Plan 2014, cll , 4.3, 4.4, 5.10, 5.21, 6.1 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 168] Property Development Systems Australia Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1246 Texts Cited: Woollahra Community Participation Plan 2023 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Cherice Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) R Bullmore (Solicitor) (Respondent)