Fullerton House Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1653

Land and Environment Court New South Wales

Medium Neutral Citation: Fullerton House Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1653 Hearing dates: 25 September 2020, final date of submissions 8 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The applicant's request pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 (in relation to the height of buildings development standard at clause 4.3 of the Woollahra Local Environmental Plan 2014), prepared by GSA Planning dated April 2020, and forming Exhibit D in the proceedings, is upheld. (2) The appeal is upheld. (3) Development Application No. DA2018/305/1 for the demolition of existing structures and the construction a new three storey residential flat building ('RFB') and associated development, at 30 Kent Road Rose Bay is approved subject to the conditions included at Annexure "A". (4) The exhibits are returned except Exhibits A, B, G. Catchwords: DEVELOPMENT APPLICATION – residential flat building – demolition – heritage conservation Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Woollahra Local Environmental Plan 2014 Cases Cited: Emmott v Ku-ring-gai Municipal Council (1954) 3 LGRA 177 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Helou v Strathfield Municipal Council (2006) 144 LGERA 322; [2006] NSWLEC 66 Initial Action Pty Ltd v Woollahra Municipal Council 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Apartment Design Guide Woollahra Development Control Plan 2014 Category: Principal judgment Parties: Fullerton House Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) L Mulligan (Solicitor) (Respondent)