Osgood Development Pty Ltd v City of Canada Bay Council [2026] NSWLEC 1644
Before: Espinosa C · NSW Land and Environment Court
Summary
The Applicant seeks to amend the Proposed Development to move the proposed driveway for Lot 1 to the north and to reconstruct the driveway to Lot 2 to be 3m in width with 600mm wings on either side set perpendicular to the road with no splays and to amend the road works to extend the median strips on Broughton Street and Ian Parade. The road reserve works will also include modifications to the existing guard fence along the west side road reserve at the intersection of Broughton Street, Ian Para
Catchwords
DEVELOPMENT APPEAL — demolition of existing structures and Torrens title subdivision — conciliation conference — agreement between the parties — orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA2026/0087 seeking consent for demolition of existing structures, removal of four trees, Torrens title subdivision of the existing lot into two lots and associated civil and driveway works on land described as Lot J in Deposited Plan 413458, otherwise described as 2 Ian Parade, Concord NSW 2137 subject to the conditions in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Roads Act 1993 (NSW), s 138 Canada Bay Local Environmental Plan 2013, cll 2.6, 2.7, 4.1, 6.1 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~9k words
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