Prismena Properties Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: Prismena Properties Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1034 Hearing dates: 8 and 9 October 2020, final submissions 17 November 2020 Date of orders: 21 January 2021 Decision date: 21 January 2021 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 minimum lot size for residential flat buildings standard at clause 4.1A of the Woollahra Local Environmental Plan 2014), prepared by GSA Planning, filed 7 October 2020 and tendered as Exhibit E in the proceedings, is upheld. (2) The appeal is upheld. (3) Development Application No. 458/2017 for demolition of the existing dwelling house and construction of a residential flat building containing 3 x 3 bedroom units, basement car parking for seven vehicles, landscaping and associated development, at 37 Carlotta Road, Double Bay, legally described as Lot 26 in DP9421, is approved subject to the conditions included at Annexure "A". (4) The exhibits are returned except Exhibits A, D, K, L, M. Catchwords: DEVELOPMENT APPLICATION – residential flat building – development standard contravention – minimum lot size for residential flat buildings – desired future character – bulk and scale – amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environmental Plan 2014 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council 236 LGERA 256; [2018] NSWLEC 118 Initial Action v Woollahra Municipal Council [2019] NSWLEC 1097 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy (July 2020) Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Prismena Properties Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Reid (Applicant) M Staunton (Respondent)