Hillcrest Rose Bay Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1662

Land and Environment Court New South Wales

Medium Neutral Citation: Hillcrest Rose Bay Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1662 Hearing dates: 14-15, 18 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for alterations and additions to the existing residential flat building at 780-786 New South Head Road, Rose Bay, subject to the conditions in Annexure A. (3) The exhibits are returned, except for Exhibits A-F and 3. Catchwords: APPEAL – development application – draft heritage item – alterations and additions for residential flat building – construction of additions within side setbacks – impact on heritage significance – adequacy of side setbacks Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7, 4.15(3A) Environmental Planning and Assessment Regulation 2000 cll 50, 55, Sch 1 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 6A, 28, 30 Woollahra Local Environmental Plan 2014 cll 4.3, 4.4, 5.10, 6.2 Cases Cited: Bunnings Properties Pty Ltd v Ku-ring-gai Council (No 4) [2017] NSWLEC 1238 Ku-ring-gai Council v Bunnings Properties Pty Ltd (No 2) [2018] NSWLEC 19 Malass v Blacktown City Council [2017] NSWLEC 1043 Texts Cited: Apartment Design Guide Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Hillcrest Rose Bay Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) C Rose (Solicitor) (Respondent)