Edgecliff Residences Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1639

Edgecliff Residences Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1639

The applicant’s written request under cl 4.6 of the WLEP has adequately justified a variation of the height of buildings development standard, and the amended DA satisfies all statutory preconditions, addresses public submissions, and merits the grant of consent subject to conditions.

Parties
First Applicant: Edgecliff Residences Pty Ltd; Second Applicant: MHN Design Union Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Class 1 Development Appeal / Final Orders Following Agreement at Conciliation
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Building Height Variation, Local Environmental Plan, Residential Apartment Building, Appeals, Conciliation Conference
Planning and Environment Law Development Application Building Height Variation Local Environmental Plan Residential Apartment Building Appeals Conciliation Conference

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Parties

Edgecliff Residences Pty Ltd

First Applicant

MHN Design Union Pty Ltd

Second Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Orders Following Agreement at Conciliation

Legal Issues

  1. 1 Whether leave should be granted to amend Development Application DA372/2023/1
  2. 2 Whether the variation to the height of buildings development standard under cl 4.3 of the WLEP should be upheld via cl 4.6 request
  3. 3 Whether the amended DA satisfies relevant statutory requirements, including consideration of public submissions, local environmental planning instruments, and state planning policies

Ratio Decidendi

The applicant’s written request under cl 4.6 of the WLEP has adequately justified a variation of the height of buildings development standard, and the amended DA satisfies all statutory preconditions, addresses public submissions, and merits the grant of consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave to amend the Development Application is granted and amendments may be relied upon as specified.
  • Applicant to pay respondent’s wasted costs due to amendment in the sum of $15,000 within 14 days.