Prosper Land St Georges Crescent Drummoyne Pty Limited v City of Canada Bay Council [2026] NSWLEC 1628
Before: O’Neill C · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No 2025/2011 for the demolition of existing structures and the construction of a nine-storey residential flat building with 55 apartments including 12 affordable dwellings, over basement parking, with associated swimming pool and landscaping, at 55-61 St Georges Crescent, and 2 Queen Victoria Street, Drummoyne (the site), by
Catchwords
DEVELOPMENT APPLICATION – application for affordable housing and low and mid-rise housing under State Environmental Planning Policy (Housing) 2021 – apartment mix – application of the affordable housing component to the spatial layout of the proposal – desired future character – number of storeys standard does not apply to the proposal – landscaped area definition
Outcome
The orders of the Court are: (1) The Applicant is to pay the Respondent’s reasonable costs thrown away as a result of the amendment of the application on 20 August 2026, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. 2025/2011 for the demolition of existing structures and the construction of a nine-storey residential flat building with 55 apartments, over basement parking, with associated swimming pool and landscaping, at 55-61 St Georges Crescent, and 2 Queen Victoria Street, Drummoyne, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibits 1, A, B, C, D and G, are returned.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), ss 34, 39 Canada Bay Local Environmental Plan 2013, cll 4.6, 6.11 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Housing) 2021, Chs 2, 4, 6, ss 13A, 15B, 15C, 16, 19, 20, 143, 144, 147, 163, 164, 175, Schs 9, 10
Read the full judgment
Authoritative text on NSW Caselaw · ~53k words
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