TM Woollahra Pty Ltd v Council of the Municipality of Woollahra [2025] NSWLEC 1075

Land and Environment Court New South Wales

Medium Neutral Citation: TM Woollahra Pty Ltd v Council of the Municipality of Woollahra [2025] NSWLEC 1075 Hearing dates: Conciliation conference on 10 December 2024 Date of orders: 11 February 2025 Decision date: 11 February 2025 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders: (1) The appeal is upheld. (2) The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 seeking a contravention of the development standard for height of buildings set out in clause 4.3(2) of Woollahra Local Environmental Plan 2014 is upheld. (3) The Applicant's written request under clause 4.6 of Woollahra Local Environmental Plan 2014 seeking a contravention of the development standard for floor space ratio set out in clause 4.4(2) of Woollahra Local Environmental Plan 2014 is upheld. (4) Development application DA247/2024 for the demolition, and the construction and use of a residential flat building at 1-3 Fullerton Street, Woollahra is determined by the grant of consent, subject to the conditions set out in Annexure A to this agreement. (5) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – residential flat development – 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 2021, s 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10, Ch 6, Pt 6.2 State Environmental Planning Policy (Housing) 2021, Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6, Woollahra Local Environmental Plan 2014, cll 4.4, 4.6, 5.10, 6.1, 6.2, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: TM Woollahra Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) R Bullmore (Solicitor) (Respondent)