Anka Double Bay Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1051

Land and Environment Court New South Wales

Medium Neutral Citation: Anka Double Bay Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1051 Hearing dates: Conciliation conference on 8 February 2019 Date of orders: 08 February 2019 Decision date: 08 February 2019 Jurisdiction: Class 1 Before: Gray C Decision: See [11] below Catchwords: DEVELOPMENT APPLICATION – shop top housing - conciliation conference - agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Category: Principal judgment Parties: Anka Double Bay Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant)

Solicitors: Reid & Vesely (Applicant) M Harker, Lindsay Taylor Lawyers (Respondent) File Number(s): 2018/96696 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal concerns a development application for demolition of existing structures and the construction of a seven storey mixed use development containing 39 units at 30-36 Bay Street and 2 Guilfoyle Avenue, Double Bay (Lot 1 DP 66867 and Lot 1 DP 82635). Following the expiry of the period after which a development application is deemed to be refused, Anka Double Bay Pty Ltd ("Anka") lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 ("EPA Act"). In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The final orders in this appeal, outlined in [11] below, are made as a result of an agreement between the parties that was reached at a conciliation conference.