Healy Capital Pty Ltd ATF Healy Family Super Fund v The Council of the City of Sydney [2026] NSWLEC 84
Before: Preston CJ · NSW Land and Environment Court
Summary
APPEAL – appeal against Commissioner’s decision on question of law – refusal of development consent for digital sign – amendment of development application – substitution of new visual impact assessment report for former visual impact assessment report – Commissioner’s consideration of superseded re
Catchwords
APPEAL – appeal against Commissioner’s decision on question of law – refusal of development consent for digital sign – amendment of development application – substitution of new visual impact assessment report for former visual impact assessment report – Commissioner’s consideration of superseded report not new report – failure to consider and determine amended development application – provisions of environmental planning instrument and development control plan regulating permissibility and location of digital sign – whether inconsistency or incompatibility – no misinterpretation or misapplication of development control plan provision
Outcome
The Court orders: (1) The appeal is upheld. (2) The decision and orders of 6 February 2026 of Senior Commissioner Dixon are set aside. (3) The matter is remitted to be determined according to law. (4) The respondent is to pay the appellant’s costs of this appeal.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW) ss 3.43, 4.2, 4.12, 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW) s 56A Environmental Planning and Assessment Regulation 2021 Pt 3 Div 1, s 24 City of Sydney Development Control Plan 2012 Sch 11, ss 3.16.7, 3.16.12, 3.16.12.14, 11.1 State Environmental Planning Policy (Industry and Employment) 2021 Sch 5, ss 3.6, 3.15, 3.20
Read the full judgment
Authoritative text on NSW Caselaw · ~24k words
Related decisions
JHP Property Development Pty Ltd v The Council of the City of Sydney [2026] NSWLEC 1381
The Council of the City of Sydney · 23 June 2026
John Bruce Grant v Kiama Municipal Council (No 2) [2026] NSWLEC 67
Kiama Municipal Council (No 2) · 29 May 2026
Variant Group Pty Ltd v Tweed Shire Council (No. 2) [2026] NSWLEC 1279
Tweed Shire Council (No. 2) · 19 May 2026
Riveredge Investments Pty Limited v Valuer General of New South Wales [2026] NSWLEC 45
Valuer General of New South Wales · 14 April 2026
Fred Caterson Champions Inc. v The Hills Shire Council (No 4) [2026] NSWLEC 55
The Hills Shire Council (No 4) · 12 May 2026
Strathfield Municipal Council v Malass [2026] NSWLEC 75
Malass · 05 June 2026