14 Boronia Pty Ltd (ACN 624 963 355) v Woollahra Municipal Council [2020] NSWLEC 1193

Land and Environment Court New South Wales

Medium Neutral Citation: 14 Boronia Pty Ltd (ACN 624 963 355) v Woollahra Municipal Council [2020] NSWLEC 1193 Hearing dates: Conciliation conference on 30 January 2020 Date of orders: 28 April 2020 Decision date: 28 April 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) Leave is granted to amend the application for development consent by relying on the amended plans referred to in condition A.3 in Annexure ''A". (2) The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $4,250. (3) The appeal is upheld. (4) Development consent to development application no. DA105/2019 for the demolition of existing dwelling and construction of residential flat building at 14 Boronia Road, Bellevue Hill is granted subject to the conditions contained in Annexure "A". Catchwords: DEVELOPMENT– residential flat building - conciliation conference – 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 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 Category: Principal judgment Parties: 14 Boronia Pty Ltd (ACN 624 963 355) (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel A Boskovitz (Solicitor) (Applicant) D Le Breton (Solicitor) (Respondent)