Roche Group Pty Limited v Woollahra Municipal Council [2022] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Roche Group Pty Limited v Woollahra Municipal Council [2022] NSWLEC 1199 Hearing dates: 14-15 February 2022 Date of orders: 20 April 2022 Decision date: 20 April 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request, prepared in accordance with clause 4.6 of the Woollahra Local Environmental Plan 2014 in respect of the height of building development standard at clause 4.3 of the Woollahra Local Environmental Plan 2014, is upheld. (2) The Applicant's written request, prepared in accordance with clause 4.6 of the Woollahra Local Environmental Plan 2014 in respect of floor space ratio development standard at clause 4.4 of the Woollahra Local Environmental Plan 2014, is upheld. (3) The appeal is upheld. (4) Development consent for Development Application DA58/2021/1 for alterations and additions to an existing four-storey commercial building at 53 Cross Street, Double Bay is granted, subject to conditions of consent at Annexure A. (5) All exhibits are returned, except for Exhibits A, B, F and 4 which are to be retained. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing building – whether proposed development minimises the impacts of new development – the height standard is exceeded Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 4.4A, 4.6, 6.1 Cases Cited: Initial Action v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Initial Action v Woollahra Municipal Council [2019] NSW 1097 Pallas Development Management Pty Limited trading as Fortis Development Group v Woollahra Municipal Council [2022] NSWLEC 1048 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Ricola Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1047 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Sydney Harbour Catchment Map (Amendment 2016) Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Roche Group Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Simington (Solicitor) (Respondent)