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Class 1 — Merit appeal Canterbury-Bankstown Council 01 July 2026

Hasham v Canterbury-Bankstown Council [2026] NSWLEC 1397

Before: Dickson C · NSW Land and Environment Court

Density / Bulk & ScaleTraffic / ParkingConciliation / AgreementSubdivisionBiodiversityBushfireStormwater / Drainage

Summary

DEVELOPMENT APPLICATION — Torrens title subdivision — no works proposed — conciliation conference — amended plans and documents — agreement reached between the parties — orders made

Catchwords

DEVELOPMENT APPLICATION — Torrens title subdivision — no works proposed — conciliation conference — amended plans and documents — agreement reached between the parties — orders made

Outcome

The Court orders that: (1) The Appeal is upheld, (2) Development Application No DA-132/2025, for the Torrens title subdivision of land legally described as Lot X in DP 386920, and known as 55 Homer Street, Earlwood NSW 2206, into two lots is determined by grant of consent, subject to the conditions of consent in Annexure A and in accordance with the plan at Annexure B.

Legislation cited

Biodiversity Conservation Act 2016 (NSW), s 7.3 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW), s 34   Canterbury-Bankstown Local Environmental Plan 2023, cll 2.6, 4.1, 6.9 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6

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Authoritative text on NSW Caselaw · ~10k words

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