SF Ultimate Investment Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1049

Land and Environment Court New South Wales

Medium Neutral Citation: SF Ultimate Investment Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1049 Hearing dates: Conciliation conference on 23 November 2021 and 28 January 2022 Date of orders: 4 February 2022 Decision date: 04 February 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 the function of Woollahra Municipal Council as the relevant consent authority under cl 55(1) of the Environmental Planning and Assessment Regulation 2000, agrees to the Applicant amending Development Application DA 452/2020 in accordance with the amended plans and other documents at Annexure A. (2) The Applicant's amended written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 ('WLEP'), prepared by GSA Planning dated November 2021 seeking a variation of the development standard for FSR under clause 4.4 of the WLEP, is upheld. (3) The Applicant's amended written request under clause 4.6 of the WLEP, prepared by GSA Planning dated November 2021 seeking a variation of the development standard for height under clause 4.3 of the WLEP, is upheld. (4) The appeal is upheld. (5) Development Application No. DA452/2020 for demolition of the existing structure and construction of a mixed use development at 10 Cross Street Double Bay is approved subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential flat building – shop top housing development – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 102 State Environmental Planning Policy No 55 – Remediation of land, cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 Woollahra Local Environmental Plan 2014, ss 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Woollahra Development Control Plan 2015 NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Category: Principal judgment Parties: SF Ultimate Investment Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) K Mortimer (Solicitor) (Respondent)