Queen Street Investments Pty Ltd v Council of the Municipality of Woollahra [2025] NSWLEC 1024

Land and Environment Court New South Wales

Medium Neutral Citation: Queen Street Investments Pty Ltd v Council of the Municipality of Woollahra [2025] NSWLEC 1024 Hearing dates: Conciliation conference on 14 and 29 November, 5, 12 and 17 December 2024 Date of orders: 07 February 2025 Decision date: 07 February 2025 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders: (1) Leave is granted to the Applicant to amend Development Application DA-309/2023/1 and rely on 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 ordered to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $5,000 within 28 days of the date of this order. (3) The appeal is upheld. (4) Consent is granted to Development Application DA309/2023/1 (as amended) for extensive alterations and additions to the existing terraces including demolition of the existing warehouse (façade to be retained to Smith Street) and new carparking with studios above at 68, 70 and 72 Queen Street, Woollahra is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – studio development – heritage conservation – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation, ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6, 6.6, 6.7, 6.8, 6.9, 6.10 Woollahra Local Environmental Plan 2014, cll 4.3, 5.10, 6.1, 6.2, 6.9, Sch 5, Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Michaels v Lei [2023] NSWLEC 1168 Stevens v Russell [2016] NSWLEC 1233 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Queen Street Investments Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)