Napoleon St Holdings Pty Ltd v Bayside Council [2026] NSWLEC 1355
Before: Peatman AC · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION — boundary realignment — size of allotments — conciliation conference — agreement between the parties — orders
Catchwords
DEVELOPMENT APPLICATION — boundary realignment — size of allotments — conciliation conference — agreement between the parties — orders
Outcome
The Court Orders: (1) The appeal is upheld. (2) Development Application No DA-2025/495, as amended, for boundary realignment of Lots 6 and 7 in Deposited Plan 318955 known as 73 Napoleon Street Mascot to create two equally sized Torrens title lots, is determined by the grant of consent subject to Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW) ss 4.2, 4.5, 4.15, 4.16, 4.17, 8.7. 8.10 Land and Environment Court Act 1979 (NSW) ss 17, 34 Bayside Local Environmental Plan 2021 cll 2.2, 2.6, 4.1 Environmental Planning and Assessment Regulation 2021 (NSW) ss 23, 38, Pts 3, 4
Read the full judgment
Authoritative text on NSW Caselaw · ~10k words
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