Prominent Ventures Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1745

Prominent Ventures Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1745

The appeal is upheld and the development application is approved subject to conditions, as the amended proposal complies with the applicable planning controls and instruments, and the procedures in s 34 of the Land and Environment Court Act 1979 are satisfied.

Parties
Applicant: Prominent Ventures Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
06 December 2021
Procedural Posture
Class 1 Appeal / Determination After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Multi Dwelling Housing, Land Use Consent, Appeal Against Refusal
Planning and Environment Development Application Multi Dwelling Housing Land Use Consent Appeal Against Refusal

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Parties

Prominent Ventures Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 Appeal / Determination After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application complies with relevant environmental planning instruments and requirements
  2. 2 Whether the proposed development should be approved subject to conditions

Ratio Decidendi

The appeal is upheld and the development application is approved subject to conditions, as the amended proposal complies with the applicable planning controls and instruments, and the procedures in s 34 of the Land and Environment Court Act 1979 are satisfied.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The Appeal is upheld
  • Development application number 143/2020, lodged on 15 May 2020 for demolition of the existing dwelling and construction of a new two storey multi-dwelling housing development with basement car parking, a swimming pool and associated landscaping works at 40 Glendon Road, Double Bay, is approved subject to the...