Fasoula Pty Ltd v Georges River Council [2026] NSWLEC 1403
Before: Pullinger 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), brought by Fasoula Pty Ltd (the Applicant), against the refusal of Development Application DA2023/0572 (the DA) by Georges River Council (the Respondent). At the date of its lodgement on 7 December 2023, the DA sought consent for the demolition of existing structures and construction of a five-storey residential apartment building over basement parking, landscaping and site works, including
Catchwords
DEVELOPMENT APPLICATION – residential apartment building development – cl 4.6 written request – height of buildings – agreement between the parties – orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA2023/0572 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the Development Application in the agreed sum of $5,000 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA2023/0572 (as amended) for the demolition of existing structures and construction of a five-storey residential apartment building over basement parking, landscaping and site works, including strata title subdivision, at 27-31 Hampton Court Road, Carlton, subject to the conditions of consent 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 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 29, 37, 38 Georges River Local Environmental Plan 2021, cll 2.1, 2.3, 4.3, 4.6, 6.2, 6.3, 6.9, 6.10 State Environmental Planning Policy (Housing) 2021, Chs 4, 6, s 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~17k words
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