88 Bay Street Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1369

Land and Environment Court New South Wales

Medium Neutral Citation: 88 Bay Street Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1369 Hearing dates: Conciliation conference on 16 and 17 July 2019 Date of orders: 07 August 2019 Decision date: 07 August 2019 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended architectural plans and material as referred to in condition A3 of the conditions of consent contained at Annexure "A" and the amended clause 4.6 written request at Annexure "B". (2) The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 prepared by Planning Ingenuity and dated 17 July 2019 (contained at Annexure "B") for contravention of the maximum height development standard imposed by clause 4.3 of the Woollahra Local Environmental Plan 2014 is upheld. (3) The appeal is upheld. (4) Development Application No. DA605/2017/1 for demolition of existing dwelling house, construction of a new dwelling house, swimming pool and landscape works at 4 and 6 Bayview Hill Road, Rose Bay is approved subject to the conditions contained at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014 Texts Cited: Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 Woollahra 94A Contribution Plan Woollahra Development Control Plan 2015 Category: Principal judgment Parties: 88 Bay Street Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant)