Executive Central Property Group Pty Limited v Woollahra Council [2011] NSWLEC 1290

Land and Environment Court New South Wales

Medium Neutral Citation: Executive Central Property Group Pty Limited v Woollahra Council [2011] NSWLEC 1290 Hearing dates: 21 July 2011 Decision date: 21 July 2011 Jurisdiction: Class 1 Before: Murrell C Decision: (1)The appeal in respect of the premises known as 76 Oxford Street, Paddington is upheld. (2)The Court grants leave to the amended plans and the applicant is to pay the respondent's costs in the quantum of $2,000. (3)The State Environmental Planning Policy No. 1 objections, to vary the height and the floor space ratio as contained in the Woollahra Local Environmental Plan, are allowed. (4)The development application submitted to Woollahra Council for alterations and additions is granted approval, subject to the conditions contained in annexure A. (5)The exhibits are returned to the parties with the exception of exhibits C, B, J and 6. Catchwords: APPEAL - Alterations and additions to commercial premises, impacts on residential area - noise and privacy; SEPP 1 variations to height and floor space ratio standards. Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan State Environmental Planning Policy Cases Cited: Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Category: Principal judgment Parties: Executive Central Property Group Pty Limited (Applicant)

Woollahra Council (Respondent) Representation: Counsel Mr M Staunton, Barrister (Applicant) Mr S Patterson, solicitor (Respondent) Solicitors Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10328 of 2011