117 O’Sullivan Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1426

Land and Environment Court New South Wales

Medium Neutral Citation: 117 O'Sullivan Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1426 Hearing dates: Conciliation conference on 14 and 28 May and 15 June 2021, final agreement filed 30 June 2021 Date of orders: 27 July 2021 Decision date: 27 July 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) Leave is granted to the Applicant to rely upon the amended plans and documents referenced in Condition A.3 at Annexure 'A'. (2) The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP), prepared by GSA Planning, seeking a variation of the development standard for height of buildings set out in clause 40(4)(a) of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (Seniors SEPP) is upheld. (3) The Applicant's written request under clause 4.6 of the WLEP, prepared by GSA Planning, seeking a variation of the development standard for building storeys set out in clause 40(4)(b) of the Seniors SEPP is upheld. (4) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application as agreed or assessed. (5) The appeal is upheld. (6) Consent is granted to Development Application DA 416/2020, for the demolition of the existing dwelling house at 117 O'Sullivan Road, Bellevue Hill and construction of a seniors housing development comprising of 10 self-contained dwellings over part two, part three and part four storeys (inclusive of roof level) and basement and lower ground parking levels for 21 on-site car spaces, subject to the conditions set out at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – clause 4.6 written request – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Woollahra Local Environmental Plan 2014, cll 4.3, 4.6,5.10, 6.1, 6.2, 6.3, Sch 5 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 4, 17, 25, 26, 28, 29, 30, 32, 40 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Woollahra Development Control Plan 2015 New South Wales Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: 117 O'Sullivan Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)