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Class 1 — Merit appeal Fairfield City Council 25 September 2026

Beyond Vision Design Pty Ltd trading as Beyond Vision Design Pty Ltd v Fairfield City Council [2026] NSWLEC 1633

Before: Swan AC · NSW Land and Environment Court

HeightFloor Space / FSRDensity / Bulk & ScaleFloodingConciliation / AgreementDemolitionSubdivisionBiodiversityStormwater / Drainage

Summary

This appeal is lodged by Beyond Vision Design Pty Ltd trading as Beyond Vision Design Pty Ltd (the Applicant) pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal of development application DA No 7.1/2026. The development application seeks consent for demolition of existing buildings, construction of a two-storey attached dual occupancy and Torrens title subdivision into two lots. The development is proposed at 84 Tangerine Street,

Catchwords

DEVELOPMENT APPLICATION — two-storey attached dual occupancy — Torrens title subdivision —conciliation conference — agreement between the parties — orders made

Outcome

The Court orders that: (1) The appeal is upheld. (2) Development Application No 7.1/2026 for the demolition of existing buildings and construction of a two-storey attached dual occupancy and Torrens title subdivision into two lots on land known as 84 Tangerine Street, Fairfield East (Lot 1 DP 22343), is determined by the grant of consent subject to the conditions in Annexure A.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA   Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Fairfield Local Environmental Plan 2013, cll 2.3, 2.7, 4.3, 4.4, 5.21, 5.22, 6.2, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.10 (Repealed) State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022

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