Kingsford Property Developments Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1033

Kingsford Property Developments Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1033

The applicant’s written request to vary the maximum height standard under cl 4.6 of WLEP is well founded and should be upheld as the amended development achieves the objectives of the development standard, provides public benefits through affordable housing, and does not cause unacceptable adverse impacts. The conditions restricting construction hours (E.6(d),(e)) should be maintained with minor modification allowing Council-approved variation, as applicant presented no special evidence justifying broader exceptions. The deletion of apartment 17 (fifth storey) is not required; amended plans as lodged provide an appropriate response to planning controls and the site context.

Jurisdiction
Australia
Judgment Date
24 January 2022
Procedural Posture
Class 1 Development Appeal / Final Determination of Appeal Against Conditions of Consent
Outcome
Appeal upheld
Legal Topics
['development Application' 'variation of Development Standards' 'affordable Housing' 'judicial Review of Planning Decisions']
['planning Law' 'environmental Law' 'administrative Law'] ['development Application' 'variation of Development Standards' 'affordable Housing' 'judicial Review of Planning Decisions']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Final Determination of Appeal Against Conditions of Consent

Legal Issues

  1. 1 ['Whether the condition requiring deletion of apartment and associated roof (fifth storey) should be deleted or modified' 'Whether the conditions restricting hours of construction activities (piering, piling, loading/unloading) should be modified' "Whether the applicant's written request under cl 4.6 to vary the height development standard is well founded"]

Ratio Decidendi

The applicant’s written request to vary the maximum height standard under cl 4.6 of WLEP is well founded and should be upheld as the amended development achieves the objectives of the development standard, provides public benefits through affordable housing, and does not cause unacceptable adverse impacts. The conditions restricting construction hours (E.6(d),(e)) should be maintained with minor modification allowing Council-approved variation, as applicant presented no special evidence justifying broader exceptions. The deletion of apartment 17 (fifth storey) is not required; amended plans as lodged provide an appropriate response to planning controls and the site context.

Court Disposition

Appeal upheld

Orders

  • ['Applicant’s cl 4.6 written request to vary height development standard is upheld.' 'Appeal is upheld.' 'Development Application DA-226/2019, as amended, is granted consent for demolition and construction of a new part four, part five storey residential flat building containing 15 units with basement car parking,...