Double Cross Holdings Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1359

Land and Environment Court New South Wales

Medium Neutral Citation: Double Cross Holdings Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1359 Hearing dates: Conciliation conference held 17 May, 29 May 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA467/2022 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The Applicant's written request, pursuant to cl 4.6 of the Woollahra Local Environmental Plan 2014 (WLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the WLEP is upheld. (4) The Applicant's written request, pursuant to cl 4.6 of the WLEP, seeking to vary the development standard for floor space ratio as set out at cl 4.4 of the WLEP, is upheld. (5) The appeal is upheld. (6) Consent is granted to Development Application DA467/2022 (as amended) for demolition of the existing commercial building and construction of a new six-storey shop top housing development with two levels of basement car parking and ancillary works, at 12 Cross Street, Double Bay, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop top housing – residential apartment building – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, Div 2, s 6.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 4, Sch 9, s 147 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 Texts Cited: Apartment Design Guide, July 2015 Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Double Cross Holdings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)