Parker Logan Property Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1336

Land and Environment Court New South Wales

Medium Neutral Citation: Parker Logan Property Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1336 Hearing dates: 19-20 April 2018, 7 June 2018 Date of orders: 11 July 2018 Decision date: 11 July 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development application DA169/2017/1 for alterations and additions to an approved residential flat building development at 9A Cooper Park Road, Bellevue Hill, is approved subject to the conditions of consent at Annexure A. (3) The Court notes: the parties agree to the amount of $4,000 in relation to the Council's costs thrown away, with those costs to be paid to the Council within 28 days of the date of these orders. (4) The exhibits, other than Exhibits 2, E and G, are returned. Catchwords: DEVELOPMENT APPLICATION: Residential flat building, SEPP affordable rental housing, view loss Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Flat Development Cases Cited: Fabcot Pty Ltd v Hawkesbury City Council (1997) 93 LGERA 373 Segal v Waverley Council [2005] NSWCA 310 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Tenacity Consulting v Warringah [2004] NSWLEC 140 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Parker Logan Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant)