Annandale Street Developments Pty Limited ats The Annandale Street Developments Trust v Council of the Municipality of Woollahra [2025] NSWLEC 1122

Land and Environment Court New South Wales

Medium Neutral Citation: Annandale Street Developments Pty Limited ats The Annandale Street Developments Trust v Council of the Municipality of Woollahra [2025] NSWLEC 1122 Hearing dates: Conciliation conference 28 January 2025: submissions 17, 18 February 2025 and 24 February 2025 Date of orders: 4 March 2025 Decision date: 04 March 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay those costs of the Respondent that have been 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, in the agreed amount of $18,000 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application DA 216/2024/1, as amended, for the demolition of existing structures and construction of a residential flat building and associated site works at 7 Annandale Street, Darling Point, is determined by the grant of development consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION: residential flat building in R3 Medium Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 2.6, 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Housing) 2021, s 144 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Woollahra Local Environmental Plan 2014, cll 4.1A, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.9, Sch 5 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Annandale Street Developments Pty Limited ats The Annandale Street Developments Trust (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: E Whitney (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)