Clutch Triple Double Pty Ltd v Council Of The Municipality Of Woollahra [2024] NSWLEC 1146

Land and Environment Court New South Wales

Medium Neutral Citation: Clutch Triple Double Pty Ltd v Council Of The Municipality Of Woollahra [2024] NSWLEC 1146 Hearing dates: Conciliation conference on 8 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request prepared by GSA Planning dated January 2024, pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP), to vary the height of buildings development standard in clause 4.3 of the WLEP is upheld. (2) The Applicant's written request prepared by GSA Planning dated January 2024, pursuant to clause 4.6 of the WLEP, to vary the floor space ratio development standard in clause 4.4 of the WLEP is upheld. (3) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application No. DA481/2022 (PAN-278930) pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (4) The appeal is upheld. (5) Development consent is granted to Development Application No. DA481/2022 (PAN-278930), for the demolition of the existing dwelling and construction of a six-storey residential flat building at 440 Edgecliff Road, Edgecliff (Lot 1 in Deposited Plan 562095 and Lot 4 in Deposited Plan 228840), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat development in R3 Medium Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10, s 10.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 8, ss 147, 148, Ch 4 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, Subdiv 2, s 2.99 State Environmental Planning Policy Amendment (Housing) 2023 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Woollahra Local Environmental Plan 2014, cll 4.1A, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.9 Cases Cited: SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Randwick City Council v Micaul Holdings Pty Limited (2016) 225 LGERA 94; [2016] NSWLEC 7 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide. (July 2015) Woollahra Community Participation Plan Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Clutch Triple Double Pty Ltd (Applicant) Council Of The Municipality Of Woollahra (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)