Kent 3436 Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1578

Land and Environment Court New South Wales

Medium Neutral Citation: Kent 3436 Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1578 Hearing dates: Conciliation conference on 24 October 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) Leave is granted for the Applicant to rely on the amended and additional plans, drawings and materials as referred to in the conditions of consent at Annexure B and listed and attached at Annexure A. (2) The appeal is upheld. (3) Development Application No. DA219/2018 which was lodged with the Respondent on 25 May 2018 and seeks consent for demolition of the existing two storey residence and the construction of a new residential flat building with basement car parking, swimming pools, landscaping and site works at 34 Kent Road Rose Bay as amended with the plans, drawings and material listed and attached at Annexure A, is approved subject to the conditions annexed to this agreement as Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Woollahra Local Environmental Plan 2014 Texts Cited: Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Kent 3436 Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)