Kent Road Prime Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1158

Land and Environment Court New South Wales

Medium Neutral Citation: Kent Road Prime Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1158 Hearing dates: Conciliation conference on 6 February 2020 and 4 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) Leave is granted to 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 at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The clause 4.6 request in relation to the height of buildings development standard contained in cl 4.3 of the Woollahra Local Environmental Plan 2014 and referred to in condition A3 at Annexure B is upheld. (4) The appeal is upheld. (5) Development Application No. 140/2018, initially lodged with the Respondent on 11 April 2018 and as now amended to seek consent for the partial demolition of the existing building and construction of a 3 storey residential flat building with basement level parking, swimming pool and associated site works at 28 Kent Road Rose Bay, is approved subject to the conditions annexed to this agreement at Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – conciliation conference – agreement between the parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Woollahra Local Environmental Plan 2014 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Kent Road Prime Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) E Yeo (Solicitor) (Respondent)