Winim’s Neutral Bay Project Wins Latest Court Round

Sydney-based developer Winim has secured a second court win for its Neutral Bay downsizers apartment block.

The Land and Environment Court last week upheld Winim’s request to vary the height standard at its 112-114 Wycombe Road development.

Residents had raised concerns about overshadowing and height exceedance, even though the proposed development of four storeys is in a high-density R4 residential zone.

Ahead of their decision, the judge said residents believed the Rothelowman-designed project would deliver an “unreasonably large building design that adversely impacts existing views, privacy and solar access and so represents over-development”. 

The developer had previously appealed to Class 1 of the LEC’s jurisdiction in December, 2022, as the North Sydney Council had not determined its development application, an increasingly common occurrence.

Amendments were subsequently taken to the Land and Environment Court, proposing increased setbacks, a pitched-roof design, and other design work “to be sympathetic to the Federation and Victorian period character of the area”.

Last month the latest tranche of amendments went before the court and four residents were heard. 

▲ The court heard that the proposed development exceeds the height of building standard of 12m.

They raised issues of height exceedance and overshadowing as well as concerns the development was not in keeping with the area, given that the site is within the Cremorne Heritage Conservation Area, and is near a number of items of heritage significance.

However, the judge said that the proposals by Winim to maintain the existing facade fronting Wycombe Road had been accepted by heritage experts as the preferred outcome. 

The judge also said that the retention of the original building fabric contributes to the height exceedance.

Plans for the downsizers apartments were originally filed in late 2022.

The site is currently occupied by a two-storey building, constructed as part of a pair of semi-detached homes in the early 1900s, before being converted to flats in the 1990s. 

The proposals partially demolish the building, to build nine apartments over basement parking, of which there will be a mix of two- and three-bedroom units.

Winim has dedicated considerable resources to developing in Sydney’s Lower North Shore. 

The developer is planning another five-storey ‘resizers’ residential block at Cowles Road, as well as a Northbridge apartment and townhouse development which was approved after another trip to the Land and Environment Court.