Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582

Land and Environment Court New South Wales

Medium Neutral Citation: Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 Hearing dates: 7-9 September 2021 Date of orders: 1 October 2021 Decision date: 01 October 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No. 325/2020/1 for the demolition of all the existing structures, removal of existing vegetation, excavation to accommodate two levels of basement parking and construction of a three and four storey residential flat building comprising four apartments, a plunge pool for one apartment and associated landscaping, is approved, subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a residential flat building – exceedance of the height of buildings development standard – exceedance of the floor space ratio development standard – adjoining heritage items – exceedance of the numerical control for excavation – amenity of adjoining properties – internal amenity Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16 Environmental Planning and Assessment Regulation 2000, cl 55 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 4, 30 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 13 Woollahra Local Environmental Plan 2014, cll 4.1A, 4.3, 4.3A, 4.4, 6.1, 6.2 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 Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Merman Investments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) D Le Breton (Solicitor) (Respondent)