Castlereagh Ventures Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1351

Land and Environment Court New South Wales

Medium Neutral Citation: Castlereagh Ventures Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1351 Hearing dates: 9-10 April 2024 Date of orders: 25 June 2024 Decision date: 25 June 2024 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are: (1) The amended written request under clause 4.6 of the Woollahra Local Environmental Plan 2014, prepared by gsa planning, dated March 2024, seeking a variation to the development standard for height of buildings under clause 4.3, is dismissed. (2) The amended written request under clause 4.6 of the Woollahra Local Environmental Plan 2014, prepared by gsa planning, dated March 2024, seeking a variation to the development standard for floor space ratio under clause 4.4, is dismissed. (3) The appeal is dismissed. (4) Development Application DA3/2023/1 by Woollahra Municipal Council (the Council), which seeks demolition of existing structures and construction of, as amended, a five-storey shop top housing development with basement parking, landscaping and associated civil works on Lot 6 Deposited Plan (DP) 587115 and Lot 2 DP 514808, also known as 27-29 and 31-37 Knox Street, Double Bay is refused. (5) The applicant is to pay the respondent's costs thrown away as a result of the amendments of the application for development consent, granted leave on 9 April 2024, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (6) The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION – shop top housing – exceedance in height and floor space ratio development standards – cl 4.6 written requests to vary development standards – desired future character of the Double Bay Centre Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.12, 4.15,4.16, 4.17, 4.47, 8.14, 8.15 Land and Environment Court Act 1979, s 39 Water Management Act 2000, ss 90, 91 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.1, 6.2, 6.5, 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2021 State Environmental Planning Policy (Housing) 2021, s 144 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.21,6.1, 6.2 Cases Cited: Dem Gillespies v Warringah Council (2002) 124 LGERA 147; [2002] NSWLEC224 Forgall Pty Limited (ACN 074 213 933) v Greater Taree City Council [2014] NSWLEC 1132 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 11 Texts Cited: NSW Department of Planning & Environment, Apartment Design Guide, 2015 Woollahra Community Development Participation Plan 2023 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Castlereagh Ventures Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso (Applicant) M Staunton (Respondent)