Thinq Net Pty Limited v Woollahra Municipal Council [2020] NSWLEC 1063

Land and Environment Court New South Wales

Medium Neutral Citation: Thinq Net Pty Limited v Woollahra Municipal Council [2020] NSWLEC 1063 Hearing dates: 22-23 January 2020 Date of orders: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant's written request pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 seeking to justify the contravention of the development standard for the height of buildings under clause 4.3 of the Woollahra Local Environmental Plan 2014 is upheld. (3) Development consent is granted for Development Application No. DA33/2018/1 seeking demolition of existing structures and construction of a new five (5) storey shop-top housing development, containing 15 apartments, three ground floor level retail spaces, two landscape rooftop gardens and car parking with vehicular access via Gumtree Lane, subject to conditions of consent at Annexure 'A'. (4) All Exhibits are returned except for Exhibit B, C and D. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – shop top housing – whether development is consistent with zone objectives – mixed use development Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Woollahra Local Environmental Plan 2012 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Thinq Net Bookings Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: J Reid (Applicant) S Puckeridge (Solicitor) (Respondent)