Fabcot Pty Ltd v Bayside Council [2026] NSWLEC 1599
Before: Swan AC · NSW Land and Environment Court
Summary
This appeal was lodged by Fabcot Pty Ltd (the Applicant) on 13 April 2026, under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and relates to the deemed refusal of development application DA-2025/157. The development application, as amended through the s 34 process (the DA) seeks consent for tree removal, demolition of existing structures, excavation and construction of a two storey mixed use development including basement carparking, ground floor supermarket and
Catchwords
DEVELOPMENT APPLICATION – mixed use development – commercial premises – light industry – shops – supermarket – food and drink premises – clause 4.6 variation requests for height and floor space ratio – easement for drainage over adjoining property – conciliation conference –agreement between the parties – orders made
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 to the development application in the amount of $30,000 within 28 days of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application DA−2025/157 for tree removal, demolition of existing structures, excavation and construction of a two storey mixed use development including basement carparking, ground floor supermarket and retail units operating 7:00am to 10:00pm seven days, first floor light industrial units trading 7:00am to 6:00pm Monday to Friday and 7:00am to 1:00pm Saturday, associated signage and stratum subdivision into three lots on Lot X DP 417308, Lot 2 DP 130719, Lot Y DP 417308, Lot 1 DP 130719, Lot C DP 327997, Lot B DP 354414, Lot 1 DP 1013909 and Lots 101, 103-104 DP 445997 (known as 1543-1555 Botany Road, Botany), subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.46, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Roads Act 1993 (NSW), ss 87, 138 Water Management Act 2000 (NSW), s 90 Bayside Local Environmental Plans 2021, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 6.9, 6.11 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.6, Sch 5 State Environmental Planning Policy (Planning Systems) 2021, s 4.31, Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, ss 3.1, 3.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.122, Sch 3 (repealed)
Read the full judgment
Authoritative text on NSW Caselaw · ~32k words
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