Ly v Fairfield City Council [2026] NSWLEC 1618
Before: Washington C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – single dwelling – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPLICATION – single dwelling – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development Application No. DA 36.1/2026 (as amended) for the demolition of existing structures, the construction of a two-storey residential dwelling and associated works, on land legally described as Lot 25 in Deposited Plan 10281 and known as 9 Cook Avenue, Canley Vale NSW 2166, is determined by way of 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 Fairfield Local Environmental Plan 2013, cll 4.3, 4.4, 5.21, 5.22, 6.1, 6.2, 6.5, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~12k words
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