NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Agar Developers Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1505 Hearing dates: 23-24 September 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) Leave is granted to the Applicant to amend the application for development consent, by relying on the information and the amended plans in Exhibits S, subject to the applicant paying those costs of the respondent thrown away as a result of the amendment of the application, as agreed or assessed. (2) The appeal is upheld. (3) Consent is granted to DA220/2018 for the demolition of the existing dwelling, swimming pool and other structures, and construction of a new 6-storey residential flat building comprising five units with an automatic parking system, landscaping and site works at 76 Drumalbyn Road, Bellevue Hills approved, subject to the conditions in Annexure 'A'. (4) All exhibits are returned, except for Exhibits P, Q and U. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – retention of mature trees – protection of trees – stormwater drainage – desired future character of Bellevue Hill North Precinct Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Vegetation in non-rural areas) 2017 State Environmental Planning Policy No.65 – Design Quality in Residential Apartment Development Woollahra Local Environmental Plan 2014 Texts Cited: Apartment Design Guide Australian Standard AS4970 – 2009 Protection of trees on development sites Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Agar Developments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) P Rigg (Solicitor) (Respondent)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate