Liu v Lane Cove Council [2026] NSWLEC 1319
Before: Dickson C · 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) against the actual refusal of development application DA 124/2025. As amended the development application seeks consent for the demolition of the existing swimming pool, garage and part of the dwelling house and alterations and additions to the existing dwelling. The development is proposed at 23 Seaman Street, Greenwich (Lot 8 DP 3101).
Catchwords
DEVELOPMENT APPLICATION — partial demolition of improvements and alterations and additions to existing dwelling — conciliation conference — amended plans and documents – agreement between the parties — orders made.
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application No. 124/2025 for the demolition of the existing swimming pool, garage and part of the dwelling house and alterations and additions to the existing dwelling house including the addition of a garage containing 3 car parking spaces, the addition of a storey above part of the existing dwelling house and an addition to the rear of existing dwelling house on the land at 23 Seaman Street, Greenwich is determined by granting consent to the Development Application subject to the conditions contained in Annexure “A”.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW) ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW) s 34 Marine Estate Management Act 2014 (NSW) Sch 1 Environmental Planning and Assessment Regulation 2021 (NSW) ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6 ss 6.6, 6.7, 6.28 State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 2 ss 2.10, 2.11, 4.6 Lane Cove Local Environmental Plan 2009 cll 2.7, 4.3, 4.4 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~14k words
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