Bureau SRH Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1677

Land and Environment Court New South Wales

Medium Neutral Citation: Bureau SRH Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1677 Hearing dates: 2-3 October 2024 Date of orders: 24 October 2024 Decision date: 24 October 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No 143/2023 for the demolition of existing buildings and construction of a new commercial building and lot consolidation, at 394, 396-398 and 400 New South Head Road, Double Bay, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, A, E and F, are returned. Catchwords: DEVELOPMENT APPLICATION – commercial premises – exceedance of the height of buildings and floor space ratio development standards – the height, bulk and form of the development is consistent with the desired future character of the Double Bay Centre Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 39 Environmental Planning and Assessment Regulation 2021, s 37 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Proposal (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014 cl 4.6, 4.3, 4.4, 5.21, 6.37 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: The Woollahra Development Control Plan 2015 The Double Bay Planning and Urban Design Strategy Category: Principal judgment Parties: Bureau SRH Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC / H Grace (Applicant) L Mulligan (Solicitor) (Respondent)