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Class 1 — Merit appeal Canterbury-Bankstown Council 27 October 2026

ABR Property Holdings Pty Ltd v Canterbury-Bankstown Council [2026] NSWLEC 1714

Before: Peatman AC · NSW Land and Environment Court

Density / Bulk & ScaleSetbacksTraffic / ParkingConciliation / AgreementDemolition

Summary

DEVELOPMENT APPLICATION — part demolition — alterations and additions to existing building — conciliation conference — agreement between the parties — orders

Catchwords

DEVELOPMENT APPLICATION — part demolition — alterations and additions to existing building — conciliation conference — agreement between the parties — orders

Outcome

The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment to the development application No DA 589/2026 in the amount of $6,000 within 28 days of the making of this order. (3) Development Consent is granted to development application No DA-589/2026 as amended for alterations and additions to an existing gym including partial demolition of the unauthorised enclosure at ground level, and partial use of this space to accommodate gym floor space, as well as demolition of office in parking area and structure in front setback along Bridge Street, and new amended parking provision and landscaping, on Lot 45 in Deposited Plan 873827 known as 71-73 Davies Road, Padstow NSW 2211 subject to Annexure A.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW) ss 4.1, 4.15, 4.16, 4.5, 4.65, 8.7, 8.10, 8.15 Land and Environment Court Act 1979 (NSW) ss 17, 34, 39   Canterbury-Bankstown Local Environmental Plan 2023 cll 1.8A, 2.3, 2.7, 6.2, 6.3, 6.9 Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 5) Environmental Planning and Assessment Regulation 2021 (NSW) ss 38, Pt 7, 162, 164 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s. 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022

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Authoritative text on NSW Caselaw · ~21k words

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