186 Oshr BH Pty Ltd v Woollahra Municipal Council

Case •

[2023] NSWLEC 1755

•

08 December 2023

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: 186 OSHR BH Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1755
Hearing dates: Conciliation conference held on 24 November 2023
Date of orders: 08 December 2023
Decision date: 08 December 2023
Jurisdiction:Class 1
Before: Bish C
Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development Application DA592/2022, which seeks the demolition of existing structures, tree removal, and construction of a residential flat building with basement car parking, landscaping and a swimming pool on Strata Plan 11821, also known as 186-192 Old South Head Road, Bellevue Hill, is determined by the grant of consent, subject to the conditions in Annexure A.

(3) The Applicant is to pay the Respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $16,000 payable within 35 days from the date of the final orders.

Catchwords:

DEVELOPMENT APPLICATION – residential flat building – breach in height and floor space ratio development standards – variation of development standards - conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7, 8.15

Environmental Planning and Assessment Regulation 2021, ss 23, 38

Land and Environment Court Act 1979, s 34

State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4

State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122

State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development, cll 28, 30

Water Management Act 2000, s 90

Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 4.6

Texts Cited:

Apartment Design Guide 2015

Woollahra Development Control Plan 2015

Category:Principal judgment
Parties: 186 OSHR BH Pty Ltd (Applicant)
Woollahra Municipal Council (Respondent)
Representation:

Counsel:
A Gadiel (Solicitor) (Applicant)
B Crapis (Solicitor) (Respondent)

Solicitors:
Mills Oakley (Applicant)
Lindsay Taylor Lawyers (Respondent)
File Number(s): 2023/78814
Publication restriction: Nil

Judgment

  1. COMMISSIONER: This is an appeal against the deemed refusal of Development Application DA592/2022 (the DA) by Woollahra Municipal Council (the Council), which as amended, seeks demolition of existing structures and construction of a residential flat building with basement car parking, landscaping and a swimming pool on Strata Plan 11821, also known as 186-192 Old South Head Road, Bellevue Hill (the site).

Background

  1. The DA was lodged with Council on 22 December 2022. The original DA was notified to residents, with eight submissions received, and was referred to the relevant authorities, pursuant to s 4.47 of the Environmental Planning and Assessment Act 1979 (EPA Act).

  2. The Applicant appealed against the deemed refusal of the DA, pursuant to s 8.7(1) of the EPA Act.

  3. Pursuant to s 34(1) of the Land and Environment Court Act 1979 (the LEC Act), the Court arranged a conciliation conference, which at the parties’ request, commenced without a site view and was held before me as Duty Commissioner.

  4. Prior to the conciliation, the Council agreed for the Applicant to amend the plans and documents that support the DA, pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (EPA Reg). The amended DA seeks:

  1. demolition of the existing multi-dwelling development;

  2. construction of three new residential flat buildings identified as Buildings A, B and C (Building A containing 14 units, Building B containing 17 units and Building C containing 5 units); and

  3. basement parking including 71 carparking spaces with 9 visitor spaces, landscaping and swimming pool.

  1. Based on the amended application and the agreed conditions of consent, the parties reached an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The parties agree that the contentions of Council have been considered and are resolved. The issues raised by the objectors have also been considered in Council’s merit assessment. The agreed position of the parties, as described in their jurisdictional assessment, is for the Court to grant consent to the amended Development Application DA592/2022, with conditions.

  2. Pursuant to s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if it is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court making a determination under s 4.16 of the EPA Act and being satisfied, pursuant to s 4.15, and other relevant jurisdictional requirements, to grant consent to DA592/2022, subject to conditions in Annexure A.

Jurisdictional prerequisites

  1. The proposed basement of the building will potentially intercept groundwater and require dewatering, engaging the Water Management Act 2000 (WMA Act). The DA is supported by the Response to SOFC – Geotechnical, prepared by CEC Geotechnical, dated 2 August 2023, that assesses potential seepage into the basement. Pursuant to s 90 of the WMA Act, an approval to discharge water is required, as described in the conditions of consent. WaterNSW has provided general terms of approval that relate to the proposed development, which are included in the conditions of consent.

  2. Section 4.15(1) of the EPA Act establishes the matters to be considered in determining a development application. The following jurisdictional requirements have been specifically considered and are addressed:

  1. Woollahra Local Environmental Plan 2014 (WLEP):

  1. Pursuant to cl 2.3 of the WLEP, the proposed residential development is situated over land zoned R3 Medium Density Residential. The proposed development, as described to the Court, is permissible with consent. The amended DA addresses all the relevant objectives, aims, standards and requirements of the WLEP, except for a breach in the cl 4.3 height and cl 4.4 floor space ratio (FSR) development standards, that requires a cl 4.6 request for variation to be sought.

  2. The development standard described in cl 4.3 of the WLEP requires a maximum height of 11 m. The DA proposes a maximum height of 14.17 m, representing an exceedance of up to 5%.

  3. The FSR development standard described in cl 4.4 of the WLEP requires the FSR to not exceed 1.3:1. The proposed development proposes a maximum FSR of 1.32:1 m, representing an exceedance of 1.6%.

  4. The application relies on cl 4.6 written requests to vary the height and FSR development standards, pursuant to cl 4.6 of the WLEP.

  5. The height breach relates to balustrading and a portion of the roof form on the proposed building. The cl 4.6 written request provided to the Court explains that the portion of the building resulting in the non-compliance in the height standard does not result in a development that is incompatible with the desired, future character of the surrounding area or results in adverse amenity, including solar access. The elements of the proposed development that result in the non-compliance will not perceptibly change the presentation of the proposed building to the streetscape or result in adverse bulk and scale impacts to adjoining developments. According to the cl 4.6 written request, the proposed development is consistent with the zone objectives and relevant development standard.

  6. The Court must be satisfied to grant consent to the application that the cl 4.6 request to vary the standard is appropriately addressed, pursuant to the requirements set out in cl 4.6 of the WLEP. Having reviewed the cl 4.6 written request and evidence before the Court, I am satisfied that the written request for variation of the height standard describes sufficient environmental planning grounds to justify the non-compliance, and that strict compliance of the standard would be both unreasonable and unnecessary. The proposed development, as described to the Court, is consistent with the objectives of the zone (R3) described in cl 2.3 and cl 4.3 height standard of the WLEP. The breach in the height standard will not cause undue concern to (existing and future) surrounding residents, the streetscape, or those utilising the site. The relevant concerns raised by residents have been considered in the design of the dwelling. The proposed development is in the public interest. I accept that there is no significant consequence to State or Regional environmental planning matters as a result of varying the development standard in this instance, and that there is no public benefit to maintaining the height standard for the proposed development.

  7. The cl 4.6 written request provided to the Court explains that the non-compliance in the FSR standard does not result in a development that is incompatible with the character of the surrounding area or results in adverse amenity, including solar access or views. The elements of the proposed development that result in the non-compliance will not perceptibly change the presentation of the proposed building to the streetscape or result in adverse bulk and scale impacts to adjoining developments. According to the cl 4.6 written request, the proposed development is consistent with the zone objectives and relevant development standard.

  8. Having reviewed the cl 4.6 written request and evidence before the Court, I am satisfied that the written request for variation of the FSR standard describes sufficient environmental planning grounds to justify the non-compliance, and that strict compliance of the standard would be both unreasonable and unnecessary. The proposed development, as described to the Court, is consistent with the objectives of the zone (R3) described in cl 2.3 and cl 4.4 height standard of the WLEP. The breach in the FSR standard will not cause undue concern to (existing and future) surrounding residents, the streetscape, or those utilising the site. The relevant concerns raised by residents have been considered in the design of the dwelling. The proposed development is in the public interest. I accept that there is no significant consequence to State or Regional environmental planning matters as a result of varying the development standard in this instance, and that there is no public benefit to maintaining the FSR standard for the proposed development.

  9. I am satisfied that the requirements of cl 4.6 of the WLEP have been addressed, and that a variation in the cll 4.3 and 4.4 of the WLEP height and FSR development standards, respectively, should be granted.

  1. State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development (SEPP 65):

  1. The DA proposes development for residential apartments, that engages consideration of the relevant provisions of SEPP 65.

  2. Pursuant to cl 28(2)(a) of SEPP 65, the DA was not submitted for the advice of a design review panel.

  3. Pursuant to cl 28(2)(b) of SEPP 65, the DA relies on a SEPP 65 Design Verification Statement, prepared by CD Architects, dated 12 December 2022, and the Design Principles Assessment, prepared by CD Architects, dated 28 November 2023. The design quality principles established in SEPP 65 are stated to have been considered and are addressed by the amended design.

  4. Pursuant to cl 28(2)(c) of SEPP 65, the compliance table considers the requirements described in the Apartment Design Guide 2015. The relevant considerations are deemed to comply.

  5. Pursuant to cl 30(2)(a) of the SEPP 65, the proposed development has had regard and demonstrates design quality principles.

  1. State Environmental Planning Policy (Transport and Infrastructure) 2021 (SEPP Infrastructure):

  1. The site has frontage to Old South Head Road, a classified road, engaging s 2.119 of the SEPP Infrastructure. The DA is considered a traffic generating development, also engaging s 2.122.

  2. The DA is supported by a Traffic and Environmental Noise Assessment, prepared by Acoustic Noise and Vibration Solutions P/L, dated 14 November 2022.

  3. The DA was referred to Transport for NSW, and the general terms of approval issued are considered in the amendments to the development and described in the conditions of consent.

  1. State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP Biodiversity):

  1. The site is located within the Sydney Harbour catchment, engaging Pt 6.2 of the SEPP Biodiversity.

  2. The DA is supported by a Statement of Environmental Effects, prepared by GSA Planning, dated December 2022, and a letter on stormwater management, prepared by Civil and Stormwater Engineering Services, dated 27 July 2023. There is no assessed adverse environmental impact to the catchment resulting from the proposed development.

  1. State Environmental Planning Policy (Resilience and Hazards) 2021 (SEPP Resilience):

  1. Pursuant to Ch 4 of the SEPP Resilience, the contamination status of the site must be considered, prior to grant of consent. Based on the existing use of the site as residential and documents that support the DA, the Council has appropriately considered that the site is not contaminated, which together with the agreed conditions of consent to address any unexpected finds, satisfy the relevant requirements of s 4.6 of the SEPP Resilience.

  2. The DA is supported by a Preliminary Site Investigation, prepared by GEC Geotechnical, dated 10 November 2023.

  1. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004:

  1. A BASIX Certificate (1359008M_02), issued on 25 August 2023 is relevant to the proposed development, as amended, and is identified in the conditions of consent.

  1. Woollahra Development Control Plan 2015 (WDCP):

  1. The original DA was publicly notified in accordance with the WDCP, with eight submissions received. The relevant requirements of the WDCP have been considered in Council’s merit assessment and are generally complied with, based on the amended plans and supporting documents to the amended DA, and as described in the agreed conditions of consent.

  1. Pursuant to s 23 of the EPA Reg, the application has satisfied the Court with the provision of consent from relevant landowner.

Grant of consent

  1. Based on the amended plans and supporting documents to the DA, the parties explained to the Court that there are no jurisdictional impediments to the making of the agreement or for the Court in making the orders, as sought.

  2. The Council has undertaken the appropriate merit assessment of the proposed development. The Court is advised that the issues raised in contention have been addressed by the amendments made to the application.

  3. I am satisfied, based on the evidence before me, that there are no jurisdictional impediments to this agreement and that Development Application DA592/2022 can be granted consent.

  4. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision.

  5. The Court notes that:

  1. Woollahra Municipal Council, as the relevant consent authority, has agreed, under section 38 of the Environmental Planning and Assessment Regulation 2021, to the Applicant amending Development Application DA592/2022 as follows:

Tab

Document

Date

1.

Amended architectural plans prepared by CDA architects (Rev D)

Individually as dated below

Drawing No.

Title

Rev

Date

DA1001

Cover Sheet

D

16 August 2023

DA1002

Compliance Table

D

16 August 2023

DA1003

Unit Schedule

D

16 August 2023

DA1004

BASIX Commitment

B

16 August 2023

DA1005

Site Plan

D

16 August 2023

DA1007

Demolition Plan

D

16 August 2023

DA1102

Ground Floor Plan

D

16 August 2023

DA1103

Level 01 Floor Plan

D

16 August 2023

DA1104

Level 02 Floor Plan

D

16 August 2023

DA1105

Level 03 Floor Plan

D

16 August 2023

DA1106

Level 04 Floor Plan

D

16 August 2023

DA1107

Level 05 Floor Plan

D

16 August 2023

DA1108

Level 06 Plan

D

16 August 2023

DA1109

Roof Level Building C Floor Plan

D

16 August 2023

DA2001

Building Elevations

D

16 August 2023

DA2002

Building Elevations

D

16 August 2023

DA2011

Building A South Elevation

D

16 August 2023

DA2012

Building A West Elevation

D

16 August 2023

DA2013

Building A North Elevation

D

16 August 2023

DA2014

Building A East Elevation

D

16 August 2023

DA2021

Building B South Elevation

D

16 August 2023

DA2022

Building B West Elevation

C

28 July 2023

DA2023

Building B North Elevation

C

28 July 2023

DA2024

Building B East Elevation

D

16 August 2023

DA2031

Building C South Elevation

D

16 August 2023

DA2032

Building C West Elevation

D

16 August 2023

DA2033

Building C North Elevation

D

16 August 2023

DA2034

Building C East Elevation

C

28 July 2023

DA3001

Building Sections

D

16 August 2023

DA3002

Landscape Section

D

16 August 2023

DA3011

Building A Sub-Level Section

D

16 August 2023

DA3032

Ramp Section

C

28 July 2023

DA3101

Building Detail Section

C

28 July 2023

DA5001

Pre + Post Adaptable Unit Layout

D

16 August 2023

DA5002

Pre + Post Adaptable Unit Layout

C

28 July 2023

DA5003

Pre + Post Adaptable Unit Layout

C

28 July 2023

DA5004

Pre + Post Adaptable Unit Layout

B

28 July 2023

DA6001

Shadow Diagrams

D

16 August 2023

DA6021

Solar Study - 21 June 9.00am

D

16 August 2023

DA6022

Solar Study - 21 June 10.00am

D

16 August 2023

DA6023

Solar Study - 21 June 11.00am

D

16 August 2023

DA6024

Solar Study - 21 June 12.00pm

D

16 August 2023

DA6025

Solar Study - 21 June 1.00pm

D

16 August 2023

DA6026

Solar Study - 21 June 2.00pm

D

16 August 2023

DA6027

Solar Study - 21 June 3.00pm

D

16 August 2023

DA6028

Solar Study Table

D

16 August 2023

DA6031

COS Solar Study - 9.00am

B

28 July 2023

DA6032

COS Solar Study - 10.00am

B

28 July 2023

DA6033

COS Solar Study - 11.00am

B

28 July 2023

DA6041

Unit AG01 Solar Study

B

28 July 2023

DA6043

Unit A101 Solar Study

B

28 July 2023

DA6044

Unit A103 Solar Study

B

28 July 2023

DA6045

Unit A201 Solar Study

C

16 August 2023

DA6046

Unit A202 Solar Study

B

28 July 2023

DA6047

Unit A203 Solar Study

B

28 July 2023

DA6048

Unit A301 Solar Study

C

16 August 2023

DA6049

Unit A302 Solar Study

B

28 July 2023

DA6050

Unit A303 Solar Study

B

28 July 2023

DA6051

Unit A401 Solar Study

C

16 August 2023

DA6052

Unit A402 Solar Study

B

28 July 2023

DA6061

Unit B104 Solar Study

B

28 July 2023

DA6062

Unit B204 Solar Study

B

28 July 2023

DA6063

Unit B205 & 305 Solar Study

B

28 July 2023

DA6064

Unit B206 Solar Study

B

28 July 2023

DA6065

Unit B207 Solar Study

B

28 July 2023

DA6066

Unit B304 Solar Study

B

28 July 2023

DA6067

Unit B306 Solar Study

B

28 July 2023

DA6068

Unit B307 Solar Study

B

28 July 2023

DA6069

Unit B403 Solar Study

B

28 July 2023

DA6070

Unit B404 Solar Study

B

28 July 2023

DA6071

Unit B405 Solar Study

B

28 July 2023

DA6072

Unit B406 Solar Study

B

28 July 2023

DA6073

Unit B501 Solar Study

B

28 July 2023

DA6074

Unit B502 Solar Study

B

28 July 2023

DA6081

Unit C308 Solar Study

B

28 July 2023

DA6082

Unit C309 Solar Study

B

28 July 2023

DA6083

Unit C407 Solar Study

B

28 July 2023

DA66084

Unit C408 Solar Study

B

28 July 2023

DA6085

Unit C503 Solar Study

B

28 July 2023

DA6086

Unit C503 Solar Study

B

28 July 2023

DA7001

GFA Calculation

D

16 August 2023

DA7002

GFA Calculation

D

16 August 2023

DA7003

GFA Calculation

D

16 August 2023

DA7004

GFA Calculation

D

16 August 2023

DA7011

Solar Access Plan

D

16 August 2023

DA7021

Ventilation Diagrams

D

16 August 2023

DA7031

Streetscape 3D View

D

16 August 2023

DA7032

Streetscape 3D View

D

16 August 2023

DA7033

Streetscape 3D View

D

16 August 2023

DA7034

Rear 3D View

C

28 July 2023

DA7037

DSZ - ADG Calculation (7%)

C

28 July 2023

DA7039

DSZ - DCP Calculation

B

28 July 2023

DA7040

Communal Open Space Diagram

D

16 August 2023

DA7041

Finishes Schedule

D

16 August 2023

DA7051

LEP Height Blanket

D

16 August 2023

DA7052

LEP Height Blanket

D

16 August 2023

DA7053

LEP Height Blanket

D

16 August 2023

DA7054

LEP Height Blanket

D

16 August 2023

DA7061

Front Setback

A

16 December 2022

DA7062

Rear Setback

A

16 December 2022

DA7071

Cut & Fill Diagram - Sheet 1

D

16 August 2023

DA7072

Cut & Fill Diagram - Sheet 2

D

16 August 2023

DA7073

Cut & Fill Diagram - Sheet 3

D

16 August 2023

DA7074

Cut & Fill Diagram - Sheet 4

D

16 August 2023

DA7075

Cut & Fill Diagram - Sheet 5

D

16 August 2023

DA7076

Cut & Fill Diagram - Sheet 6

D

16 August 2023

DA7081

Privacy Diagrams

C

28 July 2023

DA7082

Wayfinding Diagram

C

16 August 2023

DA7091

Car Space & Condenser Layout

B

28 July 2023

2.

Landscape drawings prepared by Myles Baldwin Design (Rev D)

Individually as dated below

Drawing No.

Title

Rev

Date

697_DA_01

Cover Page

D

24 August 2023

697_DA_02

Plant Schedule

D

24 August 2023

697_DA_03

Softworks Zoning

D

24 August 2023

697_DA_04

Existing Tree Plan

D

24 August 2023

697_DA_05

Existing Tree Report

D

24 August 2023

697_DA_06

Tree Masterplan

D

24 August 2023

697_DA_10

Landscape Plan Ground Floor

D

24 August 2023

697_DA_11

Landscape Plan Level 01

D

24 August 2023

697_DA_11

Landscape Plan Level 01

D

24 August 2023

697_DA_12

Landscape Plan Level 02 A

D

24 August 2023

697_DA_13

Landscape Plan Level 02 B

D

24 August 2023

697_DA_14

Landscape Plan Level 03 A

D

24 August 2023

697_DA_15

Landscape Plan Level 03 B

D

24 August 2023

697_DA_16

Landscape Plan Level 04

D

24 August 2023

697_DA_17

Landscape Plan Level 05

D

24 August 2023

697_DA_18

Landscape Plan Level 06

D

24 August 2023

697_DA_45

Typical Details

D

24 August 2023

697_DA_70

General Specification

D

24 August 2023

3.

Landscape statement prepared by Myles Baldwin Design

28 August 2023

4.

Site analysis prepared by CDA architects (Rev D)

Individually as dated below

Drawing No.

Title

Rev

Date

DA1011

Site Analysis - Transport, Amenity & Network Analysis

A

16 December 2022

DA1012

Site Analysis Plan

B

28 July 2023

DA1013

Site Analysis – Built Form

B

28 July 2023

DA1014

Site Analysis – Isometric Views

C

28 July 2023

DA1014.1

Isometric Views

A

28 July 2023

DA1015

Residential Flat Building

A

16 December 2022

DA1016

Site Analysis -Opportunities & Constraints

A

16 December 2022

DA1017

Site Analysis - Existing Public Stairway Analysis

A

16 December 2022

DA1018

Site Analysis - Proposed Public Stairway Analysis

A

16 December 2022

5.

Structural drawings prepared by Capital Engineering Consulting

4 July 2023

Drawing No.

Title

Rev

Date

S0000

Cover Sheet

B

20 July 2023

S0101

Shoring And Bulk Excavation Plan

C

20 July 2023

S0105

Shoring Wall Elevations - Sheet 1

C

20 July 2023

S0106

Shoring Wall Elevations - Sheet 2

B

20 July 2023

S0110

Shoring Sections - Sheet 1

B

20 July 2023

S0111

Shoring Sections - Sheet 2

B

20 July 2023

S0120

Shoring Wall Details - Sheet 1

B

20 July 2023

6.

Stormwater concept plans prepared by C & S Engineering Services Pty Ltd (Rev C)

Individually as dated below

Drawing No.

Title

Rev

Date

000

Cover Sheet Plan

C

27 July 2023

101

Stormwater Concept Plan Basement Sub Level Sheet 1 of 2

G

23 August 2023

102

Stormwater Concept Plan Basement Sub Level Sheet 1 of 2

B

27 July 2023

103

Stormwater Concept Plan Ground Level

E

23 August 2023

104

Stormwater Concept Plan Level 1

E

23 August 2023

107

On-Site Detention Details and Calculation Sheet 1 Of 2

C

27 July 2023

107.1

On-Site Detention Details and Calculation Sheet 2 Of 2

B

27 July 2023

108

Catchment Plan and Music Results

B

27 July 2023

109

Sediment & Erosion Control Plan & Details

A

21 November 2022

110

Miscellaneous Details Sheet

B

27 July 2023

111

Upstream Catchment Plan Contours Mapping

C

23 August 2023

112

OSD Catchment Plan And Drains Results

A

27 July 2023

7.

Stormwater design statement prepared by C & S Engineering Services Pty Ltd

28 August 2023

8.

Stormwater drawing issue register prepared by C & S Engineering Services Pty Ltd

-

9.

Survey plan prepared by Geometra Consulting

21 September 2022

10.

Traffic letter prepared by CJP Consulting engineers

24 August 2023

11.

Traffic without prejudice letter prepared by CJP Consulting engineers

19 September 2023

12.

Response to council’s excavation comments prepared by GSA Planning

28 August 2023

13.

BASIX stamped amended architectural plans prepared by CDA architects (Rev D)

25 August 2023

14.

BASIX certificate (certificate no. 1359008M_02)

25 August 2023

15.

NatHERS certificate no. 0008325440

25 August 2023

16.

Clause 4.6 Request – Floor Space Ratio (FSR) prepared by GSA Planning

September 2023

17.

Clause 4.6 Request – Height prepared by GSA Planning

September 2023

18.

Amended waste management plan prepared by Dickens Solutions Pty Ltd

June 2023

19.

Environmental response to statement of facts and contentions prepared by CEC Geotechnical

20 July 2023

20.

Preliminary site investigation report prepared by CEC Geotechnical

8 June 2023

21.

Shoring design report prepared by Capital Engineering Consultants

24 July 2023

22.

Letter prepared by AA Power Engineering in relation to substation location

1 August 2023

23.

Response to SOFAC - geotechnical report prepared by CEC Geotechnical (the geotechnical response to SOFAC) comprising:

2 August 2023

24.

Risk assessment description (Appendix A of the geotechnical response to SOFAC)

2 August 2023

25.

Shoring drawing and settlement calculation (Appendix B of the geotechnical response to SOFAC)

20 July 2023

26.

Hydrogeological assessment and dewatering management plan (Appendix C of the geotechnical response to SOFAC) comprising:

20 July 2023

(i) Geotechnical investigation report prepared by CEC Geotechnical (Appendix A of the hydrogeological assessment and dewatering management plan) comprising:

a. Site plan with borehole locations dated 11 November 2022 (Appendix A)

b. Borehole logs and DCP Test Results dated 11 November 2022 (Appendix B)

c. Point load test results dated 21 November 2022 (Appendix C)

d. Laboratory test results dated 15 November 2022 (Appendix D)

e. Site classification general information (Appendix E)

20 July 2023

(ii) Additional information for ground water level monitoring report (Appendix B of the hydrogeological assessment and dewatering management plan)

20 July 2023

(iii) Dewatering management plan (Appendix C of the hydrogeological assessment and dewatering management plan) comprising:

a. Site plan showing potential discharge point (stormwater pits) dated 20 July 2023 (Appendix A)

b. Laboratory test results dated 6 March 2023 (Appendix B)

c. WaterNSW groundwater guidelines (Appendix C)

20 July 2023

27.

Arboricultural assessment/tree root mapping report prepared by TALC

12 September 2023

28.

Arboricultural impact assessment prepared by TALC

12 September 2023

29.

Owners consent letters

23 September 2022

20 September 2023

30.

Statement of compliance access for people with a disability prepared by Accessible Building Solutions

20 October 2023

31.

Response letter prepared by C & S Engineering Services

27 July 2023

32.

Design verification statement prepared by CDA Architects

28 November 2023

  1. The Applicant has filed the amendments to the Development Application DA592/2022 with the Court on 24 November 2023 and 29 November 2023.

  1. The Court orders that:

  1. The appeal is upheld.

  2. Development Application DA592/2022, which seeks the demolition of existing structures, tree removal, and construction of a residential flat building with basement car parking, landscaping and a swimming pool on Strata Plan 11821, also known as 186-192 Old South Head Road, Bellevue Hill, is determined by the grant of consent, subject to the conditions in Annexure A.

  3. The Applicant is to pay the Respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $16,000 payable within 35 days from the date of the final orders.

Sarah Bish

Commissioner of the Court

23.78814 Annexure A

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Decision last updated: 08 December 2023

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