MHN Design Union Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1024

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1024 Hearing dates: Conciliation conference on 7 & 12 November 2019 Date of orders: 16 January 2020 Decision date: 16 January 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) Leave is granted for the Applicant to rely on the amended plans and documents referred to in condition A.3 of the conditions of consent at Annexure "A". (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in a sum $3,000 within 28 days of these orders. (3) The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 ("WLEP"), prepared by aSquare Planning dated 22 October 2019 (contained at Annexure "B"), seeking to justify the contravention of the minimum lot size for residential flat buildings development standard in clause 4.1A of the WLEP is upheld. (4) The appeal is upheld. (5) Development Consent be granted to DA-513/2017/1 seeking consent for the demolition of the existing dwelling house and the construction of a residential flat building comprising 6 units over 3 levels including basement parking and strata subdivision at 584 Old South Head Road, Rose Bay, subject to the conditions of consent in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – 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 Environmental Planning and Assessment Regulation 2000 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: MHN Design Union Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: P McEwen SC (Applicant) S Patterson (Solicitor) (Respondent)