Yarranabbe Ventures v Council of the Municipality of Woollahra [2024] NSWLEC 1613

Land and Environment Court New South Wales

Medium Neutral Citation: Yarranabbe Ventures v Council of the Municipality of Woollahra [2024] NSWLEC 1613 Hearing dates: Conciliation conference on 5 August and 5 September 2024 Date of orders: 02 October 2024 Decision date: 02 October 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The Applicant's written request, prepared by GSA Planning dated December 2023, made pursuant to cl 4.6 of the Woollahra Local Environmental Plan 2014, to vary the height development standard in cl 4.3 of the Woollahra Local Environmental Plan 2014, is upheld. (3) The Applicant's written request, prepared by GSA Planning dated December 2023, made pursuant to cl 4.6 of the Woollahra Local Environmental Plan 2014, to vary the floor space ratio development standard in cl 4.4 of the Woollahra Local Environmental Plan 2014, is upheld. (4) The appeal is upheld. (5) Development Application No. DA7/2024, as amended, for the demolition of the existing single dwellings and residential flat building, and construction of a new residential flat building, with strata subdivision and associated works at 77-83A Yarranabbe Road, Darling Point, is determined by the grant of consent subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION: residential apartment development in R3 Medium Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 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 Ch 2, ss 2.6, 6.6, 6.7, 6.9, 6.28, 6.32, 6.65 State Environmental Planning Policy (Housing) 2021 s 147, 148, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.4, 6.9, Sch 5 Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Moskovich v Waverley Council [2016] NSWLEC 1015 Texts Cited: Apartment Design Guide July 2015 Woollahra Community Participation Plan 2019 Category: Principal judgment Parties: Yarranabbe Ventures Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)