Rodcole Pty Ltd v Woollahra Municipal Council [2000] NSWLEC 85

Land and Environment Court of New South Wales

CITATION : Rodcole Pty Ltd v Woollahra Municipal Council [2000] NSWLEC 85 APPLICANT: PARTIES : Rodcole Pty Ltd RESPONDENT: Woollahra Municipal Council FILE NUMBER(S) : 10847 of 1999 CORAM: Lloyd J KEY ISSUES: Development :- development application - non-compliance with floor space ratio and height standards in local environmental plan - SEPP 1 objections against such standards - non-compliance with development control plan. Environmental Planning & Assessment Act, s 97 LEGISLATION CITED: State Environmental Planning Policy No 1 Woollahra Local Environmental Plan 1995, cl 11, 12 CASES CITED: DATES OF HEARING: 18/02/00 EX TEMPORE 02/18/2000 JUDGMENT DATE :

APPLICANT: J B Maston (barrister) SOLICITORS: McGlynn & Associates LEGAL REPRESENTATIVES: RESPONDENT: P D McClellan QC SOLICITORS: Deacons Graham & James

JUDGMENT: IN THE LAND AND Matter No: 10847 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 18 February 2000

Rodcole Pty Ltd Applicant

v

Woollahra Council Respondent

JUDGMENT

HIS HONOUR:

1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by the respondent ("the Council") to consent to a development application for a residential flat building, at 25 and 27 Newcastle Street, Rose Bay.

2. The proposed development has frontages to both Newcastle Street and Richmond Road and would involve the demolition of two existing houses. The proposed development is a three storey building with car parking in a basement level which is generally below ground. The proposal is to have six residential flats, two on each floor. The residential flats are large, having an average floor area of about 193 square metres, including generous balconies. The development site is within a Residential B zone under Woollahra Local Environmental Plan 1995. The description of the zone in the zoning table is as follows: