Property Development Systems Australia Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: Property Development Systems Australia Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1246 Hearing dates: 15 February 2022 Date of orders: 26 May 2022 Decision date: 26 May 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant's written request, pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014, seeking a variation to the development standards for height of building and floor space ratio is upheld. (2) The appeal is upheld. (3) Development consent is granted for demolition of the existing structures and construction of a 5-storey mixed use development at 14 Cross Street, Double Bay with ground floor retail, residential units over four levels and with at grade parking off Knox Lane subject to the Conditions in Annexure "A" hereto. (4) The exhibits are returned with the exception of Exhibit B, Exhibit C and Exhibit E which are retained. Catchwords: DEVELOPMENT APPLICATION - shop top housing – clause 4.6 objections to height and floor space ratio controls – parking layout and design Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 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 of Quality Residential Apartment Development Woollahra Local Environmental Plan 2014, cl 2.3, 4.3, 4.4, 4.6, 6.1, 6.2 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2008) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: AS/NZS 2890.1.2004 : Australian/New Zealand Standard Parking Facilities, Part 1, Off Street Car Parking Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Property Development Systems Australia Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Wright SC (Applicant) L Mulligan (Solicitor) (Respondent)