Doonside Holdings Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1343

Land and Environment Court New South Wales

Medium Neutral Citation: Doonside Holdings Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1343 Hearing dates: Conciliation conference held on 17 May 2023 Date of orders: 04 July 2023 Decision date: 04 July 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The applicant's clause 4.6 written request prepared by GSA Planning dated May 2023 seeking to vary the height of building standard at clause 4.3 of the Woollahra Local Environmental Plan 2014 is upheld. (2) The Applicant's clause 4.6 written request prepared by GSA Planning dated May 2023 seeking to vary the floor space ratio standard at clause 4.4 of the Woollahra Local Environmental Plan 2014 is upheld. (3) The appeal is upheld. (4) Development Application 453/2022/1, as amended, seeking alterations and additions to the approved commercial development, by the addition of a new level on Lot 1 in Deposited Plan 796750, also known as 55 Bay Street, Double Bay NSW is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – additions and alterations to an existing commercial building – non compliance with height and floor space ratio standards – cl 4.6 variation of development standards – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.2, 10.10 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Woollahra Local Environmental Plan 2014, cl 2.3, 4.3, 4.4, 4.4A, 4.6, 5.21, 6.1, 6.2 Texts Cited: Woollahra Community Participation Plan 2021 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Doonside Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) A Rutherford (Solicitor) (Respondent)