The Uniting Church in Australia Property Trust (NSW) v Woollahra Municipal Council [2019] NSWLEC 1237

Land and Environment Court New South Wales

Medium Neutral Citation: The Uniting Church in Australia Property Trust (NSW) v Woollahra Municipal Council [2019] NSWLEC 1237 Hearing dates: Notice of Motion hearing on 8 March 2018; Hearing on 13 – 14 March 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) Leave is granted for the applicant to amend the application to rely on the amended plans comprising Exhibit B to the proceedings. (2) The appeal is upheld. (3) Development Application DA/160/2018 for a mixed use development involving the demolition of Wesley Hall and the adaptive reuse of the Rose Bay Uniting Church is approved subject to the conditions in Annexure "A". (4) The exhibits are returned except Exhibits B, F, and 2. Catchwords: DEVELOPMENT APPLICATION – heritage value of site – whether hall should be demolished – Planning Proposal for inclusion of site as a heritage item in LEP – Department's gateway determination of Planning Proposal defers to Court to determine application –savings provision to exclude application from Planning Proposal – whether heritage contentions should remain – whether heritage consultant should provide expert evidence – heritage value of hall relative to church – landmark status of site – whether proposed height, bulk and scale, and built form outcome is appropriate – impact on character of local area – community value of existing use and provision of community space – public opposition to development Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Uniform Civil Procedures Rules 2005 Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 2014 Cases Cited: Ray Fitzpatrick Pty Ltd v Minister for Planning [2007] NSWLEC 791 The Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 158 Vision Land Glebe Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1593 Texts Cited: Apartment Design Guide 2015 Land and Environment Court Practice Note – Class 1 Development Appeals Woollahra Development Control Plan 2015 Category: Principal judgment Parties: The Uniting Church in Australia Property Trust (NSW) (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: I Hemmings SC; and M Seymour on Notice of Motion Hearing (Applicant) P Clay SC (Respondent)