Bowie Ferris Investments Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1774

Land and Environment Court New South Wales

Medium Neutral Citation: Bowie Ferris Investments Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1774 Hearing dates: 15-16 August 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed. (2) Development application no. DA 243/2023 for a change of use from the existing hotel to a retail and commercial use and minor works, including shopfront, internal floor plan changes and identification signage at 9-11 Glenmore Road, Paddington is determined by refusal of consent. (3) The exhibits are to be returned following publication of the judgment except for Exs A-D and 2. Catchwords: APPEAL – development application – change of use from the existing hotel use to a retail and commercial use – adverse impact on heritage significance of the local heritage item (The Village Inn) and the Paddington Conservation Area – social impact on the locality – public interest Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.5, 4.15, 8.7 Environmental Planning and Assessment Regulation 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2 State Environmental Planning Policy (Industry and Employment) 2021, Pts 3.1, 3.2; Sch 5 Woollahra Local Environmental Plan 2014, cll 1.2, 2.2, 4.3, 4.4, 4.6, 5.10, 5.21; Sch 5 Pt 1 Cases Cited: Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Australia ICOMOS, The Burra Charter: The Australian ICOMOS Charter for Places of Cultural Significance, 2013 Woollahra Development Control Plan 2015 Woollahra Section 7.1 Development Contributions Plan 2022 Category: Principal judgment Parties: Bowie Ferris Investments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) I Hemmings SC (Respondent)