A contentious luxury apartment development in Darling Point will proceed after the NSW Land and Environment Court overturned Woollahra Council’s refusal. The court’s decision allows the demolition of an existing residential building at 7 Annandale Street and the construction of a four-storey residential complex with three high-end apartments.
Development Proposal and Council’s Concerns
Fortis, on behalf of The Trustee for Annandale Street Development Trust, proposed the project with designs by MHN Design Union. The plan includes three three-bedroom apartments, basement parking for six vehicles, and a private rooftop terrace for the top-floor unit. Landscaping and deep soil plantings were also incorporated to enhance sustainability.
The Woollahra Local Planning Panel refused the development application (DA 216/2024/1) on 5 December 2024. It cited multiple non-compliance issues, including a lot size shortfall and a building height exceedance.
The site measures 674.2m², which does not meet the 700m² minimum lot size required for residential flat buildings in the R3 Medium Density Residential Zone. Council also objected to the proposed height of 11.83 metres, exceeding the 10.5-metre limit.
Heritage concerns further complicated the proposal. The heritage-listed property at 1 Yarranabbe Road faced potential view loss. Council also criticised the bulk and scale, stating the project was inconsistent with the area’s future character.
Privacy and overshadowing concerns arose from the roof terrace and balconies. The removal of nine trees also raised objections. Council concluded that the development would negatively impact the surrounding neighbourhood.
Developer Appeals to the NSW Land and Environment Court
Following the refusal, Fortis challenged the decision in the NSW Land and Environment Court. The appeal argued that the proposal aligned with the area’s zoning and met key planning objectives.
A conciliation conference on 28 January 2025 allowed the developer and council to negotiate. On 4 March 2025, the court approved the project with modifications.
Court Decision and Approval Conditions
While the court acknowledged the height exceedance, it accepted site topography as a contributing factor. To reduce visual impact, the court required a 200-millimetre height reduction.
To address landscaping concerns, the court approved tree removal but imposed new planting requirements. The developer also had to meet stormwater drainage and environmental standards to comply with State Environmental Planning Policies (SEPPs).
Despite the approval, the court ordered the developer to pay $18,000 to Woollahra Council for expenses related to the revised application.
Project Team
- Developer: Fortis
- Urban Planner: GSA Planning
- Architect: MHN Design Union
- Heritage Consultant: Weir Phillips
- Traffic and Environmental Planners: GSA Planning
- Arborist: Martin Peacock Tree Care
- Geotechnical Consultant: Geo-Environmental Engineering
- Landscape Architect: Wyer & Co
For more information, search DA 216/2024/1 on the Woollahra Municipal Council website.
