Annandale Street Developments Pty Ltd v Woollahra Municipal Council [2026] NSWLEC 1282
Before: Miller AC · NSW Land and Environment Court
Summary
This appeal concerns a development DA233/2025 which seeks amendments to the approved development under DA216/2024 for demolition of the existing residential flat building and construction of a new residential flat building at 7 Annandale Street, Darling Point (Lot A in Deposited plan 402500). The applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of the subject development application on 26 August 2025. Th
Catchwords
APPEAL — amendments to an approved residential flat building — conciliation conference — agreement reached — orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application No 233/2025, as amended, to amend the approved development (being Development Application No 216/2024) including the addition of one storey and other minor modifications to other levels of the approved residential flat building at 7 Annandale Street, Darling Point (Lot A in Deposited plan 402500) is determined by the grant of consent subject to the conditions at Annexure A. (3) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the agreed amount of $15,000 within 28 days of the date of these orders.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38, Sch 7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Sch 1, s 2.1 State Environmental Planning Policy (Housing) 2021, ss 163, 174, 176, 177, 180 Woollahra Local Environmental Plan 2014, cll 2.3, 4.3, 4.4, 5.10, 6.1, 6.2, 6.9,
Read the full judgment
Authoritative text on NSW Caselaw · ~11k words
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