Concretive BHV Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1784

Concretive BHV Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1784

The modified development is substantially the same as approved, increases in height and FSR are justified by planning objectives and minimal amenity impact, and the agreement reached under conciliation is a decision the Court could properly make.

Parties
Applicant: Concretive BHV Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
04 December 2024
Procedural Posture
Class 1 Appeal / Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent modified as sought
Legal Topics
Modification of Development Consent, Development Standards, Conciliation Conference
Planning and Environment Modification of Development Consent Development Standards Conciliation Conference

Case Brief

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Parties

Concretive BHV Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 Appeal / Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the modified development is substantially the same as originally consented development
  2. 2 Whether modification meets requirements under Environmental Planning and Assessment Act 1979, s 4.55(2)
  3. 3 Compliance with height and floor space ratio development standards under Woollahra Local Environmental Plan 2014

Ratio Decidendi

The modified development is substantially the same as approved, increases in height and FSR are justified by planning objectives and minimal amenity impact, and the agreement reached under conciliation is a decision the Court could properly make.

Court Disposition

Appeal upheld; development consent modified as sought

Orders

  • The appeal is upheld.
  • Development Consent No. 136/2023/1 for the substantial demolition of the existing residential flat building and the construction of a new residential flat building with basement car parking, at 206B Victoria Road, Bellevue Hill, is modified by Modification Application No. 136/2023/2, in the terms set out at Annexure...