RNB Property Group Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1012

Land and Environment Court New South Wales

Medium Neutral Citation: RNB Property Group Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1012 Hearing dates: 15-16 September 2022; 14 October 2022: 21 November 2022; 24 November 2022 Date of orders: 11 January 2023 Decision date: 11 January 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $3000. (2) The appeal is upheld. (3) Development application DA-416/2021/1 for seniors housing development comprising the adaptive reuse of the existing dwellings on the site and alterations / additions to the dwellings to accommodate 6 units and multi-level underground parking is determined by the grant of consent, subject to conditions of consent at Annexure A. (4) All exhibits are returned, except for Exhibits A, B, C, D, E, F, N and 15. Catchwords: DEVELOPMENT APPLICATION – seniors housing development in R2 Low Density Residential zone – heritage conservation area – heritage significance of local heritage item – earthworks – whether deferral of essential matter Legislation Cited: Conveyancing Act 1919 s 88 Environmental Planning and Assessment Act 1979, ss 8.7, 8.11, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 NSW Heritage Act 1977, s 25 State Environmental Planning Policy No 65 – Design quality of residential apartment development, cll 28, 30 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 2, 4, 5, 10, 13, 14, 16, 18, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 4.3, 4.6, 5.10, 5.21, 6.1, 6.2, Sch 5 Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Ku-ring-gai Council v Pathways Property Group Pty Ltd [2018] NSWLEC 73 Manderrah Pty Ltd v Woollahra Municipal Council and Anor [2013] NSWLEC 1196 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112. Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Seniors Living Policy: Urban Design Guideline for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: RNB Property Group Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) M Staunton (Respondent)