Arcadia Construction (NSW) Pty Ltd v Bayside Council [2026] NSWLEC 1316
Before: Kullen 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) against the refusal by Bayside Council of development application DA-2025/8 (the DA) for demolition of existing structures, tree removal, and construction of an 8 storey residential flat building containing 30 residential units, 3 levels of basement car parking, and associated landscaping on land at 55-61 Bonar Street, Arncliffe, NSW, 2205, legally known as Lots C, D, E and F in DP 28085 (th
Catchwords
DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – residential flat development – affordable housing – cl 4.6 variation of height of buildings development standard – orders
Outcome
The Court orders that: (1) 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 of the development application, in the amount of $20,000 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application No DA-2025/8 as amended for demolition of existing structures, tree removal, and construction of an 8 storey residential flat building containing 30 residential units (including 6 affordable housing units), 3 levels of basement car parking, and associated landscaping at Lots C, D, E and F in DP 28085, known as 55-61 Bonar Street, Arncliffe, NSW, 2205, subject to the conditions of consent in Annexure A.
Legislation cited
Airports Act 1996 (Cth) Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7, 8.15, Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38 Bayside Local Environmental Plan 2012, cll 2.1, 2.3, 2.7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3, 6.7, 6.11 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 2.3, 6.1 State Environmental Planning Policy (Housing) 2021, Ch 2, 4, ss 15, 15A, 16, 21, 144, 145, 147, Schs 9, 10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48, Ch 2
Read the full judgment
Authoritative text on NSW Caselaw · ~44k words
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