Jasrina Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1647

Land and Environment Court New South Wales

Medium Neutral Citation: Jasrina Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1647 Hearing dates: 30 July 2021 Date of orders: 25 October 2021 Decision date: 25 October 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The Applicant's written request pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 seeking a variation to the development standard for height of building is upheld. (2) The appeal is upheld. (3) Consent is granted to Development Application No. DA 10/2021 for alterations and additions to a three-storey residential apartment building above a basement level, comprising four x three bedroom units, one x four bedroom unit and with a flat roof form, at 1A Benelong Crescent, Bellevue Hill, subject to the conditions contained in Annexure A. (4) The exhibits, other than 1, 3, B, G and H, are returned. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – alterations and additions – view impacts – cl 4.6 written request – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7.1 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 4.6 Cases Cited: Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Woollahra Development Control Plan 2015 Apartment Design Guide Land and Environment Court, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Jasrina Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) S Patterson (Solicitor) (Respondent)