Ricola Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1047

Land and Environment Court New South Wales

Medium Neutral Citation: Ricola Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1047 Hearing dates: 9-10 December 2020 Date of orders: 28 January 2021 Decision date: 28 January 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application for the demolition of the existing building and the construction of a six-storey shop top housing development at 49-53 Bay Street, Double Bay, is refused. (3) The exhibits are returned, except for Exhibits 2, A, E, P and K. Catchwords: APPEAL – development application – breach of height and floor space ratio development standards – impact of recent approvals – whether written request adequately addresses the requisite matters Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Woollahra Local Environmental Plan 2014 Cases Cited: Abrams v Council of the City of Sydney [2019] NSWLEC 1583 Initial Action Pty Ltd v Woollahra Municipal Council 236; LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Ricola Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Simington (Solicitor) (Respondent)