Merman Investments Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1107

Land and Environment Court New South Wales

Medium Neutral Citation: Merman Investments Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1107 Hearing dates: Conciliation Conference commencing 1 December 2022 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development Application DA66/2022/1, for alterations and additions to the approved Residential Flat Building at 3 Wiston Gardens, Double Bay, (otherwise known as Lot 4 DP 15968), is determined by way of granting development consent, subject to the conditions set out in Annexure "A". (3) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent referred to in paragraph (2) above, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – residential flat building – clause 4.6 objections to height and floor space ratio controls – agreement Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Chs 6-12 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.21, 6.1 Category: Principal judgment Parties: Merman Investments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Gadiel (Solicitor)(Applicant) D Le Breton (Solicitor) (Respondent)