Bradey v Inner West Council [2026] NSWLEC 1291
Before: Starr AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provision of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. DA/2025/0548 for demolition of the existing dwelling and associated structures, removal of trees, earthworks and the erection of a two-storey dwelling house over a basement level, pool and garage at 39 Railway Street, Petersham (the proposal), at 39 Railway Street, Petersham NSW (Lot 22 Section 12 in Deposited Plan
Catchwords
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development application DA/2025/0548 for the partial demolition and alterations and additions to an existing single storey dwelling, including the construction of a basement and first floor level, single garage and swimming pool, the removal of 14 site trees, earthworks, landscaping and associated works on land identified as Lot 22 Section 12 in Deposited Plan 258 and Lot 23 in Deposited Plan 1120963, known as 39 Railway Street, Petersham is determined by the grant of consent, subject to the conditions set out in Annexure ‘A’.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 4.15, 4.17, 8.7 Land and Environment Court 1979 (NSW), ss 34, 34AA Inner West Local Environmental Plan 2022, cl 2.7, Pt 4, cll 4.3, 4.4, 5.10, 6.2, 6.3, 6.8, Sch 5 Pt 2 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.9, 6.10, 6.12, 6.13, 6.14, 6.60 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 2
Read the full judgment
Authoritative text on NSW Caselaw · ~24k words
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