Gallon v Woollahra Municipal Council [2026] NSWLEC 1236
Before: Miller AC · NSW Land and Environment Court
Summary
This appeal concerns a development application DA312/2025 for alterations and additions to an approved residential flat building that will appear as five storeys at the street and seven storeys at the rear, with two levels of basement parking and communal area at 144 Bellevue Road, Bellevue Hill (Lot 1 DP 981550). 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
Catchwords
APPEAL — alterations and additions to an approved residential flat building — conciliation conference — agreement reached — orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA312/2025 for construction of a residential flat building with two levels of basement, car parking and communal room at 144 Bellevue Road, Bellevue Hill (Lot 1 DP 981550), subject to the conditions in the Annexure marked "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 $10,000 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 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 NSW, ss 23, 29, 37, 38, Sch 7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.8 State Environmental Planning Policy (Housing) 2021, Chs 4, 6, ss 145, 146, 147, 165, 175, 177, 180 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 1 Woollahra Local Environmental Plan 2014, cll 2.3, 4.6, 6.2
Read the full judgment
Authoritative text on NSW Caselaw · ~9k words
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