Keith v Woollahra Municipal Council [2024] NSWLEC 1571

Land and Environment Court New South Wales

Medium Neutral Citation: Keith v Woollahra Municipal Council [2024] NSWLEC 1571 Hearing dates: Conciliation conference on 11 September 2024 Date of orders: 11 September 2024 Decision date: 11 September 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent the agreed gross fixed sum amount of $13,500: (a) for those costs of the respondent thrown away as a result of the amendment of the application for development consent in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979; and (b) in satisfaction of Order 2 of the orders made by the Court on 30 May 2024 (and as repeated in Order 5 of the amended notice of motion granted 30 May 2024). (2) The applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 (LEP) seeking a contravention of the development standard for height of buildings set out in clause 4.3(2) of the LEP is upheld. (3) The applicant's written request under clause 4.6 of the LEP seeking a contravention of the development standard for floor space ratio set out in clause 4.4(2) of the LEP is upheld. (4) The appeal is upheld. (5) Development application DA287/2023 for alterations and additions to the approved residential flat building at 3 Wiston Gardens, Double Bay is determined by the grant of development consent, subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application - alterations and additions to an approved residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 2.22, 4.14, 4.15, 8.15(3); Sch 1 Pt 1 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 29, 55 Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023 Standard Instrument (Local Environmental Plans) Order 2006, cl 8(1) State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9; Pt 6.3 State Environmental Planning Policy (Housing) 2021, Ch 4; s 147; Sch 7A, s 8(2A); Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.3, 2.4; s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.199 Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 5.23, 6.1, 6.2; Sch 5 Pts 1, 2 Texts Cited: Apartment Design Guide Department of Planning Circular PS 20–002 'Variations to development standards' (5 May 2020) Category: Principal judgment Parties: John Keith (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) D Le Breton (Solicitor) (Respondent)