Kingsford Property Developments Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1033

Land and Environment Court New South Wales

Medium Neutral Citation: Kingsford Property Developments Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1033 Hearing dates: 28 and 29 October 2021 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the Applicant's written request, prepared pursuant to cl 4.6 of Woollahra Local Environmental Plan 2014, to vary the applicable height development standard is upheld; (2) the appeal is upheld; (3) Development Application DA-226/2019, as amended, for the demolition of existing structures and construction of a new part four, part five storey residential flat building containing 15 units with basement car parking, at 351 to 353 New South Head Road, Double Bay, is determined by the grant of consent, subject to the conditions at Annexure 'A'; (4) the exhibits are returned except exhibits A, B, C, J, K and 1. Catchwords: DEVELOPMENT APPLICATION – appeal against three conditions of consent – consideration of written requests under cl 4.6 of WLEP – amended plans – costs pursuant to s 8.15(3) of the EP&A Act Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7(1), 8.15(3) Environmental Planning and Assessment Regulation 2000, cll 55, 77 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 3 Woollahra Local Environment Plan 2014, cll 2.3, 4.3, 4.6, 5.10, Sch 5 Cases Cited: Big Property Group Pty Ltd v Randwick City Council [2021] NSWLEC 1161 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy, (July 2021) NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Woollahra Community Participation Plan 2019 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Kingsford Property Developments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Pickles (Applicant) J Fan (Solicitor) (Respondent)