Edgecliff Residences Pty Ltd v Woollahra Municipal Council [2026] NSWLEC 1408
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 Edgecliff Residences Pty Ltd and MHN Design Union Pty Limited (together, the Applicant), against the deemed refusal of Development Application DA2025/235 (the DA) by Woollahra Municipal Council (the Respondent). At the date of its lodgment on 14 July 2025, the DA sought consent for the demolition of the existing strata-titled building and construction of a new part-eight and part
Catchwords
DEVELOPMENT APPLICATION — residential apartment building development — in-fill affordable 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 DA2025/235 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 $17,000 within 14 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA2025/235 (as amended) for the demolition of the existing strata-titled building and construction of a new residential apartment building including affordable housing and associated landscaping at 365 Edgecliff Road, Edgecliff, 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 26, 27, 29, 37, 38 State Environmental Planning Policy (Housing) 2021, Chs 2, 4, 6, Pt 2, Div 1, ss 15, 16, 18, 19, 20, 21, 147, 148, 175, 177, Sch 9 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.112, 2.119, 2.120 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, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.9
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Authoritative text on NSW Caselaw · ~22k words
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