Crooked River Land Holdings Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1429

Land and Environment Court New South Wales

Medium Neutral Citation: Crooked River Land Holdings Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1429 Hearing dates: 10 May and 10 June 2021 Date of orders: 28 July 2021 Decision date: 28 July 2021 Jurisdiction: Class 1 Before: Shiels AC Decision: The Orders of the Court are: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition A3 of the conditions at annexure "A". (2) The applicant is to pay the respondents costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) The clause 4.6 requests seeking to vary the height of buildings development standard (cl 4.3 of Woollahra Local Environmental Plan 2014) and floor space ratio development standard (cl 4.4 of Woollahra Local Environmental Plan 2014) prepared by Tony Moody and dated 15/6/21 and 22/6/21 respectively are well founded and are upheld. (5) Development application DA 274/2020 for mixed residential/commercial amalgamation of 3 lots for strata-subdivision, alterations to 5 shops & shop top apartments, construction of new shop top housing development with basement car park & associated landscaping at 432-440 Oxford Street, Paddington is approved subject to the conditions at annexure "A". Catchwords: DEVELOPMENT APPLICATION – construction of shop top housing – conservation area – breach of height and FSR development standards – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55–Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28,30 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Crooked River Land Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) S Puckeridge (Solicitor) (Respondent)