26 Salisbury Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1119

Land and Environment Court New South Wales

Medium Neutral Citation: 26 Salisbury Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1119 Hearing dates: 11 and 12 December 2023 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 1, 3, 4, B and F, are returned. Catchwords: APPEAL – development application – residential apartment building development – demolition – contributory item – heritage conservation area – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Woollahra Sydney Local Environmental Plan 2014, cll 1.2, 2.2, 2.7, 5.10, Sch 5 Cases Cited: Helou v Strathfield Municipal Council [2006] NSWLEC 66 Texts Cited: Woollahra Development Control Plan 2015 The Burra Charter: The Australia ICOMOS Charter for the Conservation of Places of Cultural Significance, 2013 Category: Principal judgment Parties: 26 Salisbury Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: T To (Applicant) S Patterson (Solicitor) (Respondent)