2 Bay Street Pty Limited v Council of the Municipality of Woollahra [2025] NSWLEC 1130

Land and Environment Court New South Wales

Medium Neutral Citation: 2 Bay Street Pty Limited v Council of the Municipality of Woollahra [2025] NSWLEC 1130 Hearing dates: Conciliation Conferences on 25 October, 8, 15 and 22 November 2024 Date of orders: 07 March 2025 Decision date: 07 March 2025 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $2,000, to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) The request pursuant to cl 4.6 of the Woollahra Local Environmental Plan 2014 to vary the development standard for height of building contained within cl 4.3 thereof, as prepared by GSA Planning dated November 2024, is upheld. (4) The request pursuant to cl 4.6 of the Woollahra Local Environmental Plan 2014 to vary the development standard for floor space ratio contained within cl 4.4 thereof, as prepared by GSA Planning dated November 2024, is upheld. (5) Development consent is granted to development application No DA141/2924, as amended, for a change of use from approved new commercial development (under DA280/2022, 2 Bay Street Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1222) to shop top housing to accommodate a single residential apartment at the top floor with associated works including new roof terrace and swimming pool at 2 Bay Street Double Bay, NSW, legally known as Lot 1 DP1286687, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – cl 4.6 variations – shop-top housing – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.56, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Woollahra Local Environmental Plan 2014, cll 2.1, 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1 Cases Cited: 2 Bay Street Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1222 Loftex Commercial Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1697 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: 2 Bay Street Pty Limited (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: N Eastman (Applicant) D Havadjia (Solicitor) (Respondent)