Aurora Rose Bay 2 Pty Ltd ATF Aurora Rose Bay 2 Unit Trust v Woollahra Municipal Council [2026] NSWLEC 1724
Before: Macken AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against Woollahra Municipal Council’s refusal of the Applicant’s development application No DA 317/2025/1 (DA) seeking consent for alterations and additions to an approved residential flat building (DA 40/2024/1) including the construction of a new multi storey residential flat building containing six apartments and one level of basement car parking, landscaping and strata subdivision at
Catchwords
DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application DA 317/2025/1, as amended, for alterations and additions to an approved residential flat building (DA 40/2024/1) including the construction of a new multi storey residential flat building containing six apartments and one level of basement car parking, landscaping and strata subdivision at 37 Newcastle Street, Rose Bay is granted consent subject to conditions contained in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Water Management Act 2000 (NSW), s 90 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Housing) 2021, Ch 6, ss 163, 175, 177, 180 Woollahra Local Environmental Plan 2014, cll 1.3, 2.3, 6.1, 6.2
Read the full judgment
Authoritative text on NSW Caselaw · ~18k words
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