Reznikov Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1140

Land and Environment Court New South Wales

Medium Neutral Citation: Reznikov Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1140 Hearing dates: Conciliation conference held 10 and 17 March 2023, final agreement filed 17 March 2023 Date of orders: 29 March 2023 Decision date: 29 March 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA373/2021 and rely upon the amended plans and documents referred to in condition A.4 at Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The Applicant's written request, pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP), seeking to vary the development standard for minimum lot size as set out at clause 4.1A of the WLEP, is upheld. (4) The Applicant's written request, pursuant to clause 4.6 of the WLEP, seeking to vary the development standard for height of buildings as set out at clause 4.3 of the WLEP, is upheld. (5) The Applicant's written request, pursuant to clause 4.6 of the WLEP, seeking to vary the development standard for floor space ratio as set out at clause 4.4 of the WLEP, is upheld. (6) The appeal is upheld. (7) Consent is granted to Development Application DA373/2021 (as amended) for the substantial demolition of the existing commercial building and construction of a 5-storey residential apartment building comprising 8 units, with basement parking, and for strata subdivision at 491 New South Head Road, Double Bay, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – minimum lot size – height of buildings – floor space ratio – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.2, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, s 29 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Woollahra Local Environmental Plan 2014, cll 2.3, 4.1A, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) NSW Department of Planning and Environment, Planning Circular PS 18-003, February 2018 NSW EPA, Managing Land Contamination, August 1998 Category: Principal judgment Parties: Reznikov Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)