Parkson C Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1381

Land and Environment Court New South Wales

Medium Neutral Citation: Parkson C Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1381 Hearing dates: Conciliation conference held 18 March, 8 April, 6 May and 17 June 2024 Date of orders: 04 July 2024 Decision date: 04 July 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application 13/2023/1 and rely upon the amended plans and documents referred to in Condition A.3 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 in the agreed sum of $17,000 within 28 days of the date of these orders. (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 appeal is upheld. (5) Consent is granted to Development Application DA13/2023/1 (as amended) for demolition of existing structures and construction of a three-storey shop top housing development comprising ground level retail and two residential units with associated car parking, at 77-79 New South Head Road, Vaucluse, 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 – 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, 37, 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 4.6, 5.10, 5.21, 6.1, 6.2 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Parkson C Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicant) S Wilson (Solicitor) (Respondent)