ABA Square Pty Ltd v Fairfield City Council [2026] NSWLEC 1369
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by ABA Square Pty Ltd (the Applicant), against the deemed refusal of Development Application DA 25.1/2025 (the DA) by Fairfield City Council (the Respondent). At the date of its lodgement on 22 January 2025, the DA sought consent for demolition of existing structures and construction of an 11-storey shop top housing development comprising two towers over a united podium, 255 car par
Catchwords
DEVELOPMENT APPLICATION – shop top development – in-fill affordable housing – cl 4.6 written request – height of buildings – landscaped area – agreement between the parties – orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA 25.1/2025 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to 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 amending the Development Application in the sum of $30,000 within 21 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA 25.1/2025 (as amended) for the demolition of existing structures and construction of a shop top housing development comprising of 145 apartments, basement parking and associated landscaping at 896-898 Woodville Road and 15 Hilwa Street, Villawood, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 26, 27, 29, 37, 38 Fairfield Local Environmental Plan 2023, cll 2.1, 2.3, 2.7, 4.3, 4.6, 5.10, 5.21, 5.22, 6.1, 6.2, 6.9, 6.10, 6.11, 7.8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Housing) 2021, Chs 2, 4, Pt 2, Div 1, ss 3, 15C, 16, 18, 19, 20, 21, 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, 2.120, 2,122
Read the full judgment
Authoritative text on NSW Caselaw · ~27k words
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