Taylor v Woollahra Municipal Council [2020] NSWLEC 1226

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Woollahra Municipal Council [2020] NSWLEC 1226 Hearing dates: Conciliation conference on 8 May 2020 Date of orders: 20 May 2020 Decision date: 20 May 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court Orders: (1) Leave is granted for the Applicant to rely on the amended plans, drawings and materials as referred to in the conditions of consent at Annexure A. (2) The amended Clause 4.6 variation application dated 6 May 2020 in relation to the height of buildings development standard contained in clause 4.3 of the Woollahra Local Environmental Plan 2014 is upheld. (3) The amended Clause 4.6 variation application dated 6 May 2020 in relation to the floor space ratio of buildings development standard contained in clause 4.4 of the Woollahra Local Environmental Plan 2014 is upheld. (4) The appeal is upheld. (5) Development Application no. 286/2019, lodged on 6 August 2019, for alterations and additions to the existing building and its adaptive re-use as a mix-use development comprising a boarding house (containing 6 single occupancy units and a care taker's residence), a cafe for 20 patrons and 2 car parking spaces at 278 Oxford Street, Paddington (otherwise known as Lot 2011 in DP1162729) is approved subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 55—Remediation of Land State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 Woollahra Local Environmental Plan 2014 Cases Cited: Parker Logan Property Pty Ltd v Inner West Council [2018] NSWLEC 1339 Category: Principal judgment Parties: Grant Taylor (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) P Rigg (Solicitor) (Respondent)