Primo Developments Double Bay Pty Ltd v Woollahra Municipal Council [2025] NSWLEC 1104

Land and Environment Court New South Wales

Medium Neutral Citation: Primo Developments Double Bay Pty Ltd v Woollahra Municipal Council [2025] NSWLEC 1104 Hearing dates: 3-4 February 2025 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA28/2024/1 for the demolition of three buildings and the construction of a new part five, part six-storey shop top housing development with ground and first floor retail, twelve residential apartments, basement parking and associated landscaping on five lots legally identified as Lots 4-9 in DP 14000, at 426-440 New South Head Road Double Bay, is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned, except for Exhibits A, B and C. Catchwords: DEVELOPMENT APPLICATION: shop top housing in E1 Local Centre zone – height standard is exceeded – floor space ratio is exceeded – desired future character Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 4.47, 8.7 Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Housing) 2021, ss 47, 147, 148, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.118, 2.119 Woollahra Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 5.21, 6.1, 6.2 Cases Cited: Symond Family Investments Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1789 Bureau SRH Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1677 Pallas Development Management Pty Limited trading as Fortis Development Group v Woollahra Municipal Council [2023] NSWLEC 1005 Texts Cited: Guidelines for the Retention of Existing Affordable Rental Housing 2009 Apartment Design Guide 2015 Double Bay Centre Planning and Urban Design Strategy 2023 Draft Double Bay Centre Public Domain Strategy 2016 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Primo Developments Double Bay Pty Ltd (First Applicant ) Sayed Holdings Pty Ltd (Second Applicant) MHN Design Union Pty Ltd (Third Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) S Simington (Solicitor) (Respondent)