SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112

Land and Environment Court New South Wales

Medium Neutral Citation: SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Hearing dates: 4-5 February 2020 Date of orders: 12 March 2020 Decision date: 12 March 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for demolition of the existing buildings and construction of a six-storey shop top housing development at 28-34 Cross Street, Double Bay with ground floor retail, twenty-one (21) residential units over five (5) levels above and two (2) levels of basement parking for thirty-six (36) vehicles and four (4) motorbikes with vehicular access from 20-26 Cross Street, Double Bay upon the conditions Annexure 'A' hereto. (3) The exhibits are to be returned other than Exhibits A and 3. Catchwords: DEVELOPMENT APPLICATION – residential flat building – clause 4.6 objections to height and floor space ratio controls – desired future character – economic impact – precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 2014 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2008) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Macquarie Dictionary (online) Woollahra Development Control Plan 2015 Category: Principal judgment Parties: SJD DB2 Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Simington (Solicitor) (Respondent)