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Class 1 — Merit appeal Inner West Council 19 May 2026

Harrison v Inner West Council [2026] NSWLEC 1278

Before: Galwey AC · NSW Land and Environment Court

Floor Space / FSRHeritageConciliation / AgreementDemolition

Summary

DEVELOPMENT APPEAL — residential development — conciliation conference — agreement between the parties — orders

Catchwords

DEVELOPMENT APPEAL — residential development — conciliation conference — agreement between the parties — orders

Outcome

The Court orders: (1) The appeal is upheld. (2) Development Application DA/2025/0393, as amended, for the demolition of the existing detached dwelling and the construction of a new three-storey dwelling with swimming pool, basement garage and associated works at 40 Cameron Street, Birchgrove is determined by the grant of development consent subject to the conditions at Annexure A.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA   Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Inner West Local Environmental Plan 2022, cll 4.3C, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, 2.9, 6.6, 6.7, 6.8, 6.9, 6.10, Pts 2.2, 2.3, 6.2 Div 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1

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