Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30:
1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's development application No. DA296/2023 (Development Application) seeking consent for alterations and additions to an existing commercial (retail) premises including a new basement level and first floor addition, on land identified as Lot 1 in Deposited Plan 66505 known as 7-9 McLaughlan Place, Paddington and also known as 7 Walker Lane, Paddington (Subject Land).
2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).
The Development Application
3. The Development Application was lodged with the respondent 23 August 2023.
4. The Development Application was refused by the Woollahra Local Planning Panel (Panel) on 3 October 2024.
5. On 15 October 2024, the proceedings were commenced against the refusal of the Development Application, being within the appeal period prescribed by s 8.10 of the EPA Act.
6. The Court arranged a conciliation conference under s 34 of the LEC Act between the parties, which was held on 20 February 2025 and adjourned a number of times.
7. During the conciliation process, the applicant prepared without prejudice amended plans and documentation which were then notified between 19 March and 2 April 2025 in accordance with the Woollahra Community Participation Plan (March Proposal). The March Proposal included:
1) lowering the roof by 300mm;
2) setting back the first floor eastern wall (to Elfred Street properties) by 1m; and
3) extending trading hours.
8. Following discussions post re-notification and having regard to resident objections to the March Proposal (discussed further at [15]), the applicant prepared further amended plans and documentation (May Amendments). The May Amendments relevantly include:
1) further lowering the roof by 380mm (being a total reduction of 680mm from that proposed in the Development Application);
2) lowering the first floor internal height to 2.2m along the eastern and western edges through amending the roof pitch, roof construction buildups and proposed gutters;
3) reducing the ground floor internal heights by 600mm (previously 3.7m to 3.1m);
4) deleting the proposed first floor windows on the eastern wall (to Elfred Street properties) and installation of a skylight along the length of the proposed first floor; and
5) deleting the extended trading hours proposed in the March Proposal.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971474950fcfac8bf15f6be)
Disclaimer: Curated by HT Syndication.
