Luxcon Developments No 6 Pty Limited v Woollahra Municipal Council [2017] NSWLEC 1426

Land and Environment Court New South Wales

Medium Neutral Citation: Luxcon Developments No 6 Pty Limited v Woollahra Municipal Council [2017] NSWLEC 1426 Hearing dates: 1 & 2 August 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Class 1 Before: Dixon C Bish C Decision: (1) The appeal is dismissed. (2) Development consent to development application DA 9/2017 lodged on 6 January 2017 for the demolition of existing buildings, excavation and construction of a mixed use development comprising of 17 residential units above 92m2 of retail and car parking at 528-536 Old South Head Road is refused consent. (3) The exhibits are returned. Catchwords: APPEAL – Development application - is the proposed development 'shop top housing'? - characterisation of use – does the development contain two ground floors – is it necessary to have a street frontage to each ground floor Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 2014 Woollahra Development Control Plan 2015 Cases Cited: Chamwell Pty Limited v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 Hrsto v Canterbury City Council (no2) [2014] NSWLEC 121 Arco Iris Trading Pty Ltd v North Sydney Council [2015] NSWLEC 1113 Manzie v Willoughby City Council (1996) NSWLEC 26 Texts Cited: Nil Category: Principal judgment Parties: Luxcon Developments No 6 Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicant) Mr R O'Gorman Hughes (Respondent)