Yin v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Yin v Woollahra Municipal Council [2026] NSWLEC 1561 Hearing dates: Conciliation conference on 12 August 2026 Date of orders: 01 September 2026 Decision date: 01 September 2026 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application DA401/2025/1 for the substantial demolition of the existing dwelling house and construction of a new attached dual occupancy at 4 Rawson Road, Rose Bay (Lot 4 in DP 230791) is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL — development application — dual occupancy — conciliation conference — agreement reached — orders made Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 27, 38, Sch 7State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.9, 6.10 State Environmental Planning Policy (Housing) 2021, Ch 6, Pt 2, ss 166, 167, 168 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 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,

4.4E, 6.1, 6.2 Texts Cited: Department of Planning, Housing and Infrastructure, Tree Canopy Guide for Low and Mid Rise Housing (February 2025) Category: Principal judgment Parties: Chunyan Yin (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) S Patterson (Solicitor) (Respondent) Solicitors: Boskovitz Lawyers (Applicant) Finn Roache (Respondent) File Number(s): 2026/124062 Publication restriction: Nil

JUDGMENT Introduction 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 refusal of Development Application DA401/2025/1 for the substantial demolition of the existing dwelling house and construction of a new attached dual occupancy at 4 Rawson Road, Rose Bay (Lot 4 in DP 230791) (the site) by Woollahra Municipal Council. The Court was required to arrange a conciliation conference between the parties, pursuant to s 34AA(2)(a) of the Land and Environment Court Act 1979 (NSW) (LEC Act). The conciliation conference, which I presided over, was held on 12 August 2026. Outcome At the conciliation, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The decision agreed upon is for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act. The signed agreement is supported by a Jurisdictional Statement that sets out the matters that the Court must consider prior to the grant of development consent. I have considered the contents of the Jurisdictional Statement, together with

the documents referred to therein, the Class 1 Application and its attachments, the joint reports and the documents that are referred to in Condition A.3 of Annexure A. Based on those documents, I have considered the matters required to be considered pursuant to s 4.15(1) of the EPA Act. The agreement follows amendment of the application by the Applicant. The key changes made to the application which now make it acceptable to the Council include: lowering of the building by 150mm; moving of the building by 1,590mm towards the rear of the site; moving of the second floor north wing by an additional 950mm towards the rear of the site; and changes to the proposed tree species to reduce the mature height and consequently view impacts. These changes were primarily aimed at reducing the view impacts of the proposal on the neighbouring property at 32 Chamberlain Avenue, Rose Bay. Jurisdictional matters As the presiding Commissioner, I am satisfied that the decision to grant development consent to the amended application, subject to conditions of consent, is a decision 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). I formed this state of satisfaction as each of the jurisdictional preconditions identified by the parties is met, for the following reasons: Woollahra Local Environmental Plan 2014 The development

works are for the purposes of a dual occupancy development which is a permissible use in the R2 Low Density Residential zone in which the site is located, pursuant to Woollahra Local Environmental Plan 2014 (WLEP). The parties advise that consideration has been given to the objectives of the R2 Low Density Residential zone as required by cl 2.3 of WLEP. As required by cl 2.7 of WLEP consent is sought as part of the subject application for the proposed demolition. The proposed development complies with the maximum height of building development standard set out in cl 4.3 of WLEP having a height less than the maximum permissible of 9.5m (maximum height of 8.73m proposed). Clause 4.4E of WLEP does not apply to the proposed development having regard to the provisions of Chapter 6 of State Environmental Planning Policy (Housing) 2021 (HSEPP) which allows a maximum FSR of 0.65:1 on the subject site. The site is mapped as having Class 5 Acid Sulfate Soils but is not within 500m of adjacent Class 1, 2, 3 or 4 land that is below 5m AHD and accordingly no further assessment is required in accordance with cl 6.1 of WLEP. I note that the parties advise that consideration has been given to the matters required to be considered prior to the granting of development consent in respect of earthworks under cl 6.2(3) of WLEP having regard to the Geotechnical Investigation (JK Geotechnics, 26

September 2025) and that appropriate condition of consent have been applied. State Environmental Planning Policy (Resilience and Hazards) 2021 The site is within the Coastal Use Area as defined by the State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP) therefore s 2.11 applies. The parties advise, and I accept, that the proposal will not give rise to any adverse impacts, satisfies the relevant requirements and has taken into account the surrounding coastal and built environment. Consideration has also been given as to whether the subject site is contaminated as required by s 4.6 of the RH SEPP. The parties agree that the site has a long history of residential use and therefore contamination is considered unlikely. No further investigation in accordance with the RH SEPP is therefore required. State Environmental Planning Policy (Sustainable Buildings) 2022​​​​​​​ The proposal is BASIX development in accordance with Sch 7 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Reg) and accordingly the standards set out in Sch 1 of State Environmental Planning Policy (Sustainable Buildings) 2022 (SB SEPP) apply. An updated BASIX certificate (Cert No. A1816945_02 dated 5 August 2026) prepared by Efficient Living Pty Ltd in accordance with s 27 of the EPA Reg has been provided and is referenced in the conditions of consent at Annexure A.

Further an Embodied Emissions Report (Positive Eco, 24 July 2026) has also been prepared which quantifies the embodied emissions of the proposal as required by s 2.1(5) of the SB SEPP. State Environmental Planning Policy (Biodiversity and Conservation) 2021​​​​​​​ The site is located within the Sydney Harbour Catchment for the purposes of State Environmental Planning Policy (Biodiversity and Conservation) 2021 and accordingly Ch 6 Pt 6.2 applies. I am satisfied in respect of the requirements of s 6.6 Water Quality and Quantity, s 6.7 Aquatic Ecology, s 6.9 Recreation and Public Access and s 6.10 Total Catchment Management (in so far as they are applicable) on the basis of the parties’ agreement, the stormwater plans (Partridge Hydraulic Pty Ltd, 3 August 2026) and the conditions of consent. State Environmental Planning Policy (Housing) 2021​​​​​​​ The site is located within 800m of the Rose Bay Town Centre and accordingly is within the low and mid-rise housing outer area under the HSEPP. Pt 2 of Ch 6 applies to dual occupancies and semi-detached dwellings. In accordance with s 166 the proposed attached dual occupancy development is permissible on the subject land with consent being land within a R2 Low Density Residential zone. Further consideration has been given as required by s 167 to the Tree Canopy Guide for Low and Mid Rise Housing (NSW Department of Planning, Housing and

Infrastructure, February 2025) as outlined in the Statement of Environmental Effects (GSA Planning, October 2025). The parties also advise that the proposal complies with the non-discretionary development standards set out in s 168 of the HSEPP. Other matters​​​​​​​ The development application is submitted by the owner of the land in accordance with s 23 of the EPA Reg. The Respondent notified the original development application between 19 November and 4 December 2025. A total of 23 submission by way of objection were received in response to the notification. The Court notes that: The Respondent, Woollahra Municipal Council, as the relevant consent authority, has approved, under s 38(1) of the EPA Reg the Applicant amending Development Application No. DA401/2025/1 to rely on the documents listed below: Reference Description Author Date DA120 Rev D DA200 Rev D DA201 Rev D DA202 Rev D DA300 Rev D DA301 Rev D DA400 Rev D Architectural drawings

MHNDUNION 14/07/2026 DA_001, DA_002, DA_003, DA_100, DA_101, DA_102, DA_103, DA_200, DA_201, DA_300 (all Rev_02) Landscape Plans Wyer & Co 17/07/2026 Job No. 2025H191, Rev 2 Stormwater Management Plan Partridge 03/08/2026 Other Plans and Documents Basix Certificate #A1816945 and #A1859496 prepared by Efficient Living Pty Ltd dated 5 August 2026; Embodied Emissions Report prepared by Positive Eco dated 24 July 2026; Geotechnical Advice prepared JK Geotechnics dated 30 July 2026. Structural Engineering Feasibility Report prepared by Acroyali dated 29 June 2026 Conclusion Having reached the state of satisfaction that the decision is one that the Court could make in the exercise of its functions, s 34(3)(a) of the LEC Act requires me to “dispose of the proceedings in accordance with the decision”. The LEC Act also requires me to “set out in writing the terms of the decision” (s 34(3)(b)). In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any assessment of the merits of the development application against the discretionary matters that arise pursuant to an assessment under s 4.15 of the EPA Act. Orders The orders of the Court are: The appeal is upheld. Development Application DA401/2025/1 for the substantial demolition of the existing dwelling house and construction of a new attached dual occupancy at 4 Rawson

Road, Rose Bay (Lot 4 in DP 230791) is determined by the grant of consent subject to the conditions contained in Annexure A. H Miller Acting Commissioner of the Court ** Annexure A (685 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 01 September 2026