Pallas Development Management Pty Limited trading as Fortis Development Group v Woollahra Municipal Council [2022] NSWLEC 1048

Land and Environment Court New South Wales

Medium Neutral Citation: Pallas Development Management Pty Limited trading as Fortis Development Group v Woollahra Municipal Council [2022] NSWLEC 1048 Hearing dates: 24-25 January 2022 Date of orders: 3 February 2022 Decision date: 03 February 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 for contravention of the maximum height development standard imposed by clause 4.3 of the Woollahra Local Environmental Plan 2014 is upheld. (2) The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 for contravention of the Floor space ratio development standard imposed by clause 4.4 of the Woollahra Local Environmental Plan 2014 is upheld. (3) The appeal is upheld. (4) Development Application DA 68/2021/1 for alterations and additions to an existing commercial building including the addition of two new levels at Lots 11 and 12 DP 4606, No. 2A Cooper Street, Double Bay is approved subject to the conditions in Annexure A. (5) The exhibits, other than exhibits A, B and 1 are returned. Catchwords: DEVELOPMENT APPLICATION – heritage item – building height Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7

State Environmental Planning Policy No 55 - Remediation of Land, cl 7 Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 4.4A, 4.6, 5.10, 5.21, 6.1, 6.2, Pt 4, Sch 5 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSW LEC 118 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112; Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Texts Cited: Building Code of Australia Macquarie Dictionary Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Pallas Development Management Pty Limited trading as Fortis Development Group (Applicant) Woollahra Muncipal Council (Respondent) Representation: Counsel: Mr T To (Applicant) Mr S Simington, Solicitor (Respondent)