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[2026] NSWLEC 1201
General information, not legal advice.
Land and Environment Court (NSW)
2026-04-16
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Cohen v Woollahra Municipal Council [2026] NSWLEC 1201
Hearing dates: Conciliation conference on 4 February 2026
Date of orders: 16 April 2026
Decision date: 16 April 2026
Jurisdiction: Class 1
Before: Harding AC
Decision: The Court Orders that:
(1) The appeal is upheld.
(2) Development Application DA540/2024/1, for addition of a new single car garage with terrace above on Goodhope Lane at rear boundary of site replacing the existing laneway access with new pedestrian access stairs, bin storage area, pool plant area for the existing spa pool and additional landscaping in the front setback on land known as 238-240 Glenmore Road, Paddington NSW 2021 being Lots A and B in Deposited Plan 178843, is determined by the grant of consent subject to the conditions set out in Annexure 'A’.
Catchwords: DEVELOPMENT APPLICATION — amendment to conditions of development consent — amended plans — conciliation conference — agreement between the parties — orders
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7
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, Ch 6
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Woollahra Local Environmental Plan 2014, cll 5.10, 6.1
Principal judgment
Parties: Simon Cohen (Applicant)
Woollahra Municipal Council (Respondent)
Representation: Counsel:
A Boskovitz (Solicitor) (Applicant)
S Patterson (Solicitor) (Respondent)
Solicitors:
Boskovitz Lawyers (Applicant)
Wilshire Webb Staunton Beattie (Respondent)
File Number(s): 2025/375162
Publication restriction: Nil
COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by Simon Cohen (the Applicant) against the conditions of development consent applied to the determination of Development Application No DA52/2025/1. The application was lodged with the Woollahra Council (the Respondent), on 27 February 2025. The development application was approved, subject to conditions, on 5 August 2025.
Development Consent was granted for the addition of a new single car garage with terrace above on Goodhope Lane and associated works at 238-240 Glenmore Road, Paddington NSW 2021. The property is legally described as Lots A and B in Deposited Plan 178843.
The Court arranged a conciliation conference between the parties pursuant to s 34 of the of the Land and Environment Court Act 1979 (NSW) (the LEC Act). The conciliation conference commenced on 4 February 2026.
At the conciliation conference the parties reached an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The proposed decision was to amend the conditions of Development Consent, subject to agreed outcomes, that include modifications to the road way and the access gates. This addressed vehicle manoeuvrability inside the Site as well as providing for 2 additional parking spaces on the street.
Pursuant to s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ agreement if the proposed decision, the subject of the agreement, is a decision that the Court could have made in the proper exercise of its functions. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties have identified the jurisdictional prerequisites of relevance in these proceedings and how they are satisfied. The parties agree that there are no jurisdictional prerequisites in these proceedings which would prevent the Court from exercising its function under s 34(3) of the LEC Act.
As the presiding Commissioner, I am satisfied that the decision to grant an amendment to the Development Consent is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). In reaching that state of satisfaction, I note the following:
Pursuant to the Woollahra Local Environmental Plan 2014 (WLEP 2014), the subject site is zoned R2 Low Density Residential. The proposed “dwelling house” is permissible in this zone. Regard has been given to the R2 zone objectives in determining the application.
Clause 5.10 of the WLEP 2014 requires consideration of heritage matters. The Site is located within the Paddington Heritage Conservation Area (the ‘PHCA’). The development application was accompanied by a Heritage Impact Statement report prepared by Ruth Daniell. The modified plans provide for a treatment of the front fences and other structures on the site which accord with the agreement of the parties’ heritage experts. The parties agree that the works in the public domain do not affect any sandstone kerbs and have no impact on the PHCA. The parties agree that the Final Plans satisfy heritage related matters. I am satisfied that the required considerations have been undertaken.
Pursuant to cl 6.1 ‘Acid Sulfate soils’ of the WLEP 2014, the consent authority is required to consider any potential acid sulfate soils affectation that might disturb, expose or drain acid sulphate soils and cause environmental damage. The parties agree that the Site is located within a Class 5 area as specified in the WLEP 2014 - Acid Sulfate Soils Map. The parties agree, and I am satisfied, that the proposal meets the requirements of cl 6.1 of the WLEP 2014 as development consent is not required pursuant to this clause.
As required by s 4.6 of State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience and Hazards SEPP), consideration has been given to whether the site is contaminated. The parties agree that the site has been used for residential purposes for a number of years and is therefore unlikely to be contaminated. The proposed use of the land is to remain residential. The parties agree, and I am satisfied, that the required considerations have been undertaken.
The original development application was notified for 15 days from 19 March 2025 to 3 April 2025. One submission was received. The parties have considered these submissions in the finalisation of this matter. No objectors made submissions as part of the s 34 conciliation process.
As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required, under s 34(3) of the LEC Act, to dispose of the proceedings in accordance with the parties’ agreement.
I was not required to make, and have not made, an assessment of the merits of the DA against the discretionary matters that arise pursuant to an assessment under s 4.15 of the EPA Act.
The Court notes that:
The Woollahra Council, as the relevant consent authority, has agreed, pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW), the Applicant amending Development Application DA52/2025/1 to rely on the following amended plans:
| DA-4004 Rev.1 DA-4005 Rev.1 | Architectural Plans | PLACE STUDIO | 23/02/2026 | | DA14 | Parking Layout Plan and Swept Path Analysis | Positive Traffic Pty Ltd | 16 February 2026 |
The Court Orders that:
The appeal is upheld.
Development Application DA540/2024/1, for addition of a new single car garage with terrace above on Goodhope Lane at rear boundary of site replacing the existing laneway access with new pedestrian access stairs, bin storage area, pool plant area for the existing spa pool and additional landscaping in the front setback on land known as 238-240 Glenmore Road, Paddington NSW 2021 being Lots A and B in Deposited Plan 178843, is determined by the grant of consent subject to the conditions set out in Annexure ‘A’.
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Annexure A (444 KB, pdf)
Cohen
Woollahra Municipal Council [2026] NSWLEC 1201