Baron Corporation Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1575

Land and Environment Court New South Wales

Medium Neutral Citation: Baron Corporation Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1575 Hearing dates: Conciliation conference on 23 October 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans in Annexure 'A', and listed in Condition A.2(d) of Annexure B. (2) The Appeal is upheld. (3) The Class 1 appeal against the deemed refusal of modification application DA 584/2014/14 at 39 Carlota Road, Double Bay is determined by approving the modifications set out in Annexure B. (4) As a consequence of Order 3 above, Development Consent No. DA584/2014 is now subject to the consolidated, modified conditions of development consent set out in Annexure C. Catchwords: MODIFICATION APPLICATION – conciliation conference – amended design – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Woollahra Local Environmental Plan 2014 Category: Principal judgment Parties: Baron Corporation Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: T Flaherty (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)