Primo Developments Double Bay Pty Ltd v Woollahra Municipal Council [2025] NSWLEC 1104

Primo Developments Double Bay Pty Ltd v Woollahra Municipal Council [2025] NSWLEC 1104

The development is consistent with the desired future character of the relevant area, compliance with height and floor space ratio standards is unreasonable or unnecessary in the circumstances, sufficient environmental planning grounds are established, and the objectives of relevant planning instruments are met, therefore consent should be granted subject to conditions.

Parties
First Applicant: Primo Developments Double Bay Pty Ltd; Second Applicant: Sayed Holdings Pty Ltd; Third Applicant: MHN Design Union Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Class 1 Appeal / Judgment and Orders After Hearing
Outcome
Appeal upheld; development consent granted, subject to conditions.
Legal Topics
Development Application, Height Standard Exceedance, Floor Space Ratio Exceedance, Desired Future Character, Environmental Planning Grounds
Planning and Environmental Law Development Application Height Standard Exceedance Floor Space Ratio Exceedance Desired Future Character Environmental Planning Grounds

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Parties

Primo Developments Double Bay Pty Ltd

First Applicant

Sayed Holdings Pty Ltd

Second Applicant

MHN Design Union Pty Ltd

Third Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment and Orders After Hearing

Legal Issues

  1. 1 Whether the proposed shop top housing development is consistent with the desired future character for Double Bay
  2. 2 Whether exceeding the height and floor space ratio standards can be justified under the Woollahra Local Environmental Plan 2014 clause 4.6
  3. 3 Whether environmental planning grounds justify granting consent

Ratio Decidendi

The development is consistent with the desired future character of the relevant area, compliance with height and floor space ratio standards is unreasonable or unnecessary in the circumstances, sufficient environmental planning grounds are established, and the objectives of relevant planning instruments are met, therefore consent should be granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted, subject to conditions.

Orders

  • The appeal is upheld.
  • Development application DA28/2024/1 for demolition of three buildings and construction of a new part five, part six-storey shop top housing development with ground and first floor retail, twelve residential apartments, basement parking and associated landscaping on five lots is determined by the grant of consent,...