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Class 1 — Merit appeal Woollahra Municipal Council 27 October 2026

Gothelf v Woollahra Municipal Council [2026] NSWLEC 1716

Before: Miller AC · NSW Land and Environment Court

HeightFloor Space / FSRDensity / Bulk & ScaleHeritageCharacter / StreetscapeTrees / LandscapingClause 4.6 VariationConciliation / AgreementDemolition

Summary

This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application DA No 448/2025 (as amended) for partial demolition and alterations and additions to an existing retail premises, and the construction of a shop top housing development comprising one ground floor retail premises and two residential apartments above the retail premises on land legally described as Lot 54, Section B in

Catchwords

APPEAL — development application — shop top housing — conciliation conference — agreement reached — orders made

Outcome

The orders of the Court are: (1) The appeal is upheld. (2) Development Application No DA 448/2025 (as amended) for partial demolition and alterations and additions to the existing retail premises, and the construction of a shop top housing development comprising one ground floor retail premises and two residential apartments above the retail premises on land legally described as Lot 54, Section B in Deposited Plan 12 and known as 106 Queen Street, Woollahra NSW 2025 is determined by the grant of consent subject to the 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   Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 27, Sch 71 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, 6.10 (repealed) State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 1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, 2.7, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2

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