CSKS Developments Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1801

Land and Environment Court New South Wales

Medium Neutral Citation: CSKS Developments Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1801 Hearing dates: Conciliation conference held 13 September, 23 October and 01,15 November 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA10/2024 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 as agreed or assessed. (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 floor space ratio as set out at cl 4.4 of the WLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA10/2024 (as amended) for the demolition of all existing structures and construction of a new four-storey residential apartment building containing eight units at 85-87 Birriga Road, Bellevue Hill, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – floor space ratio – 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, Ch 6 State Environmental Planning Policy (Housing) 2021 Ch 4, s 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Woollahra Local Environmental Plan 2014, cll 2.3, 2.7, 4.4, 4.6, 5.10, 6.1, 6.2, 6.9 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 NSW Department of Planning, Apartment Design Guide, July 2015 Woollahra Aboriginal Heritage Study (Coast History and Heritage 2021) Category: Principal judgment Parties: CSKS Developments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)