A long-debated residential development proposal at 1-3 Fullerton Street, Woollahra, has been approved by the NSW Land and Environment Court. This decision, finalised on 11 February 2025, overturned Woollahra Municipal Council’s refusal after a conciliation process.
Case Background
The development, proposed by TM Woollahra Pty Ltd, involves demolishing existing residential flats to build a five-to-six-storey residential building. It includes 15 apartments (three 2-bedroom, eleven 3-bedroom, and one 4-bedroom), two basement levels with 31 parking spaces, landscaping, and communal open spaces.
Key Features of the Proposal
The proposed development aims to provide a modern, high-quality residential building that integrates seamlessly into the Woollahra streetscape. It features a mix of generously sized apartments, including private gardens for ground-floor units and a rooftop terrace with a private pool for the penthouse. The design includes articulated facades with arched windows, setbacks, and landscaped communal areas to balance contemporary aesthetics with sensitivity to surrounding heritage properties. Two basement levels will offer 31 parking spaces, alongside environmentally sustainable design features and enhanced pedestrian access.
Artist impression by Smart Design Studio
Woollahra Municipal Council initially refused the application due to breaches of local planning controls. Key issues included exceeding height and floor space limits, bulk and scale concerns, and impacts on neighbouring heritage properties. The Council also highlighted non-compliance with design standards and resident objections.
Reasons for Refusal
The Council’s main objections were:
- Height and Floor Space Ratio (FSR): The proposal exceeded the WLEP’s height limit by 24.4% and the maximum FSR by 2.69%.
- Bulk and Scale: The proposed building was deemed too large for the site and lacked adequate setbacks from nearby heritage-listed properties.
- Amenity Issues: The design failed to meet requirements for communal open space, solar access, and acoustic privacy.
- Public Interest: The Council argued the development would negatively impact local character and set an undesirable precedent.
The Court’s Decision
The NSW Land and Environment Court overturned the refusal, granting conditional approval. Key reasons included:
- Height and FSR Variations: The Court accepted the applicant’s Clause 4.6 variation requests, which justified the breaches as minor and related to existing site conditions.
- Compliance with Zone Objectives: The proposal aligned with the R3 Medium Density Residential zone’s goals of providing housing while preserving character.
- Heritage Considerations: The design incorporated setbacks, landscaping, and recessed upper levels to respect nearby heritage-listed properties.
- Public Interest: The Court concluded the proposal met housing needs without significant adverse impacts on the area.
The conciliation process led to an agreement between the parties, resulting in modifications to landscaping, communal spaces, and traffic management.
Project Team
- Developer: TM Woollahra Pty Ltd
- Urban Planner: Ethos Urban
- Architect: Smart Design Studio
- Landscape Architect: Wyer & Co
- Heritage Consultant: GBA Heritage
- Traffic Consultant: Varga Traffic
- Geotechnical Consultant: JK Geotechnics
- Environmental Consultant: JK Environments
- Acoustic Consultant: Pulse White Noise Acoustics
For more information, search application number DA247/2024 on Woollahra Municipal Council’s website.
