Toohey Miller Takes Elizabeth Bay Knockback to Appeal

Toohey Miller has appealed to the New South Wales Land and Environment Court against the deemed refusal of one of its Elizabeth Bay projects. 

The developer is undertaking a reassessment process and canvassing surrounding neighbours and property owners for their views on the amended proposal.

The developers applied to the City of Sydney Council to redevelop the site in mid-2023. A four-storey mid-20th-century apartment block of 15 units is currently on the site.

Plans call for the demolition of existing structures to make way for a five-storey residential building of 10 apartments that would be aimed at downsizers. 

There would be two apartments of two bedrooms and the remainder would have three.

As part of its appeal process, the developer has submitted updated plans for the 4 Barncleuth Square site including small sections of the site that are on council land now excluded from the works. 

▲ The original plans (left) had more prominent balconies, while revised plans scale back the balconies and facade.

The new plans also adjust the location of one of its balcony sets and remove curved balconies in favour of horizontal. 

According to the heritage commentary around the amended development proposal, this reduces the visual presence of the building’s skyline, “enabling the proposed building to fit more comfortably into the Ward [Avenue] views towards the new building”.

Toohey Miller is no stranger to the Land and Environment Court having been through the process to get its No.1 Onslow Place development, also at Elizabeth Bay, over the line last year.

Alongside Thirdi, Toohey Miller also secured a win through the courts for its boutique apartment project at Potts Point in June, 2023.