Symond Family Investments Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1789

Land and Environment Court New South Wales

Medium Neutral Citation: Symond Family Investments Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1789 Hearing dates: 18-20 September, 30 November, 13 December 2023 Date of orders: 22 December 2023 Decision date: 22 December 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 agreed or assessed pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application DA279/2022 for the substantial demolition of the existing structure and alterations and additions to an existing four storey commercial building at 356-366 New South Head Road is determined by the grant of consent, subject to conditions of consent at Annexure A. (4) All Exhibits are returned, except for Exhibits A, L, M, N, P, Q, 3 and 9. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing commercial development in E1 Local Centre – whether consistent with the desired future character of the neighbourhood – height standard is exceeded – FSR standard is exceeded – conditions of consent are disputed Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Uniform Civil Procedure Rules 2005, Sch 7, rr 2.1, 29.5 Woollahra Local Environmental Plan 2014, cll 1.2, 4.3, 4.4, 4.4A, 4.6, 5.21, 6.1, 6.2 Cases Cited: Goodman Fielder Consumer Foods Pty Ltd v Graincorp Foods Australia Pty Ltd [2020] NSWSC 706 Hutchinson 3G Australia Pty Limited v Waverley Council (2002) 123 LGERA 75; [2002] NSWLEC 151 Initial Action v Woollahra Municipal Council [2019] NSWLEC 1097 Penrith City Council v Dincel Construction System Pty Limited (No 3) [2020] NSWLEC 117 Roche Group Pty Limited v Woollahra Municipal Council [2022] NSWLEC 1199 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Australian Standard AS/NZ 4253:1994, November 1994 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Symond Family Investments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: T To (Applicant) H Irish (Respondent)