Wallaroy Apartments Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: Wallaroy Apartments Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1086 Hearing dates: 3, 17 May 2013 Decision date: 21 May 2013 Jurisdiction: Class 1 Before: Hussey C Decision: Consent Orders (1)The appeal be upheld. (2)Development consent be granted to DA174/2012/1 for demolition of improvements and the construction of a new residential flat building in two modules, basement car parking, strata subdivision, landscaping and siteworks at 12 Wallaroy Crescent, Woollahra subject to the conditions in Annexure 'A'. (3)No order as to costs. (4)Exhibits to be returned except for 1, 2, A and B. Catchwords: DEVELOPMENT APPLICATION - residential flat building - permissibility - existing use rights - height/bulk/scale - excavation - desired future character -landscaping - visual and acoustic amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003 SREP (Sydney Harbour Catchment) 2005 - cll 13, 25 and 26 State Environmental Planning Policy No 65 State Environmental Planning Policy No 55 Parking Development Control Plan Cases Cited: BYT Nominees v North Sydney Council [2008] NSWLEC 164 Segal v Waverley Council [2005] NSWCA 310 Waverley Council v C M Hairis Architects [2002] NSWLEC 180 Category: Principal judgment Parties: Wallaroy Apartments Pty Limited (Applicant)