Emag Apartments Pty Limited v Bayside Council [2026] NSWLEC 1424
Before: AC Sherry · NSW Land and Environment Court
Summary
ENVIRONMENT AND PLANNING — consent — appeal — s 34 agreement — cl 4.6 variation —conditions of consent
Catchwords
ENVIRONMENT AND PLANNING — consent — appeal — s 34 agreement — cl 4.6 variation —conditions of consent
Outcome
The Court orders that: (1) The Applicant is granted leave to amend Development Application No DA−2025/645 to include the documents set out in Annexure B. (2) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the agreed amount of $17,500 payable within 28 days of the date of this order. (3) The appeal is upheld. (4) Development Application No DA−2025/645, as amended, for the demolition of existing hardscape and landscape, and construction of a 9 storey residential flat building consisting of a ground floor car park, 16 residential units, associated landscaping and strata subdivision, at 11-13 Gertrude Street, Wolli Creek, is determined by the grant of consent, subject to the conditions 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 Bayside Local Environmental Plan 2021, cll 2.1, 2.3, 4.3, 4.4, 5.21, 6.1, 6.2, 6.3, 6.11 Environmental Planning and Assessment Regulation 2021 (NSW), Pts 3, 4, s 23 State Environmental Planning Policy (Housing), Ch 4, ss 144, 147, 148 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Sch 1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.120
Read the full judgment
Authoritative text on NSW Caselaw · ~19k words
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