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Class 1 — Merit appeal Woollahra Municipal Council 25 September 2026

Upscale Developments Pty Ltd v Woollahra Municipal Council [2026] NSWLEC 1634

Before: Espinosa C · NSW Land and Environment Court

Density / Bulk & ScaleCharacter / StreetscapePrivacyOvershadowing / SolarTraffic / ParkingConciliation / AgreementDemolitionBiodiversity

Summary

DEVELOPMENT APPEAL — residential flat building — conciliation conference — agreement between the parties — orders

Catchwords

DEVELOPMENT APPEAL — residential flat building — conciliation conference — agreement between the parties — orders

Outcome

The Court orders: (1) In accordance with 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 the amendment in the amount of $10,000.00 within 14 days of these orders. (2) The appeal is upheld. (3) Development Application DA 452/2025/1 (DA) for demolition of the existing dwellings and the construction of a new residential flat building including 17 units of which 5 are affordable housing units at 574-576 Old South Head Road, Rose Bay NSW 2029 is determined by the grant of consent subject to conditions contained in Annexure ‘A’.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34   Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, Ch 6, Sch 6, ss 6.6, 6.7, 6.8, 6.9, 6.28 State Environmental Planning Policy (Housing) 2021, Chs 2, 4, 6, ss 15C, 16, 21, 144, 145, 176 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.118, 2.119, 2.120 Woollahra Local Environmental Plan 2014, cll 2.7, 4.1A, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1

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