Broken Hill Investments Pty Ltd v Woollahra Municipal Council [2026] NSWLEC 1331
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Broken Hill Investments Pty Ltd (the Applicant), against the refusal of Development Application DA334/2023 (the DA) by Woollahra Municipal Council (the Respondent). The proposed development is situated on three lots at: 2 Loftus Road, 4 Loftus Road and 38B Mona Road, Darling Point NSW 2027 (together, the site). At the date of its lodgement on 14 September 2023,
Catchwords
APPEAL – development application – residential apartment development – heritage conservation – orders
Outcome
The Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 1, 3, 4, A and B, are returned.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Woollahra Local Environmental Plan 2014, cll 2.2, 4.1A, 4.3, 4.4, 5.10, Sch 5
Read the full judgment
Authoritative text on NSW Caselaw · ~77k words
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