Edgecliff Residences Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1639

Land and Environment Court New South Wales

Medium Neutral Citation: Edgecliff Residences Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1639 Hearing dates: Conciliation conference held 5 July, 23 September 2024 Date of orders: 15 October 2024 Decision date: 15 October 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA372/2023/1 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 $15,000 within 14 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 DA372/2023/1 (as amended) for the demolition of the existing strata titled residential apartment building, construction of new residential apartment building comprising 11 units and 24 car-parking spaces, landscaping and strata subdivision, at 365 Edgecliff Road, Woollahra, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – 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, 29, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 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 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.112, 2.119, 2.120 Woollahra Local Environmental Plan 2014, cll 2.3, 2.7, 4.3, 4.6, 5.10, 5.21, 6.1, 6.2, 6.9 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Edgecliff Residences Pty Ltd (ACN 663 092 019) (First Applicant) MHN Design Union Pty Ltd (ACN 003 717 682) (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (First and Second Applicant) J Hewitt (Solicitor) (Respondent)