TM Woollahra Pty Ltd v Council of the Municipality of Woollahra [2025] NSWLEC 1075

TM Woollahra Pty Ltd v Council of the Municipality of Woollahra [2025] NSWLEC 1075

The appeal is upheld and development consent granted, including variations to the height and floor space ratio development standards, because the parties’ agreement meets all applicable statutory requirements, the variations are justified due to site-specific circumstances, will not cause adverse impacts, and the proposal remains consistent with relevant planning objectives and controls.

Parties
Applicant: TM Woollahra Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
11 February 2025
Procedural Posture
Development Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions; costs order
Legal Topics
Development Consent, Local Environmental Plans, Variation of Development Standards, Residential Flat Development
Planning Law Environmental Law Local Government Law Development Consent Local Environmental Plans Variation of Development Standards Residential Flat Development

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Parties

TM Woollahra Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of a residential flat building, including contravention of height and floor space ratio development standards
  2. 2 Whether statutory and jurisdictional requirements for grant of consent and variations are satisfied

Ratio Decidendi

The appeal is upheld and development consent granted, including variations to the height and floor space ratio development standards, because the parties’ agreement meets all applicable statutory requirements, the variations are justified due to site-specific circumstances, will not cause adverse impacts, and the proposal remains consistent with relevant planning objectives and controls.

Court Disposition

Appeal upheld; development consent granted with conditions; costs order

Orders

  • The appeal is upheld.
  • The Applicant's written request under clause 4.6 of the Woollahra Local Environmental Plan 2014 seeking a contravention of the development standard for height of buildings set out in clause 4.3(2) is upheld.