Parker Logan Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1458

Land and Environment Court New South Wales

Medium Neutral Citation: Parker Logan Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1458 Hearing dates: 22 – 23 October, 2015 Date of orders: 13 November 2015 Decision date: 13 November 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 111/2015/1 for a residential flat building and associated works at 9A Cooper Park Road, Bellevue Hill, is refused. 3. The exhibits, other than exhibits 2, A and C, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building; exceedance of the floor space ratio development standard; impacts on the amenity of adjoining properties. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council (2001) 118 LGERA 290 Wehbe v Pittwater Council (2007) 156 LGERA 446 Tenacity Consulting v Warringah (2004) NSWLEC 140) Category: Principal judgment Parties: Parker Logan Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr Ian Hemmings SC (Applicant) Mr S. Patterson solicitor (Respondent)

Solicitors: Hall & Wilcox Solicitors (Applicant) Wiltshire Webb Staunton Beattie Solicitors (Respondent) File Number(s): 10387 of 2015

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 111/2015/1 for a residential flat building consisting of 29 apartments and basement parking for 51 cars (the proposal) at 9A Cooper Park Road, Bellevue Hill (the site) by Woollahra Council (the Council). 2. The appeal was subject to mandatory conciliation on 23 July 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated on 23 July, 2015, pursuant to s 34(4) of the LEC Act. The proposal was amended following the termination of the conciliation conference and leave was granted by the Court on 7 August 2015 for the applicant to rely on the amended proposal.