Double Bay Carlotta Pty Ltd v Woollahra Municipal Council [2026] NSWLEC 1433
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Double Bay Carlotta Pty Ltd (the Applicant), against the deemed refusal of Development Application No 2025/235 (the DA) by Woollahra Municipal Council (the Respondent). At the date of its lodgement on 30 June 2025, the DA sought consent for the alterations and additions to Development Consent DA2017/458 (the parent DA) for the demolition of existing structures and the constructio
Catchwords
DEVELOPMENT APPLICATION — residential apartment building development — low and mid rise housing — cl 4.6 written request — number of storeys — agreement between the parties — orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Development Application No 220/2025/1 and rely upon the amended plans and documents referred to in Condition A3 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the Development Application in the agreed sum of $8,000 within 14 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application No 220/2025/1 (as amended) for the demolition of the existing structures and the construction of a six-storey residential apartment building comprising three units, associated car parking, landscaping and site works at 37 Carlotta Road, Double Bay subject to the conditions of consent at Annexure A.
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 27, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Housing) 2021, Ch 6, ss 176, 177 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Woollahra Local Environmental Plan 2014, cll 2.1, 2.3, 4.1A, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.9
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