Raad v Cumberland Council [2026] NSWLEC 1266
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 DA2025/0601 for the demolition of existing structures, Torrens title subdivision of one lot into three lots as a first stage, construction of semi-detached dwellings on each lot (total 6 dwellings) and further subdivision of each lot into two lots resulting in six lots (the proposal), at 116 Boronia Street, South Wentwort
Catchwords
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development Application No DA2025/0601, as amended, for the demolition of existing structures, Torrens title subdivision of one lot into three lots as a first stage, construction of semi-detached dwellings on each lot (total six dwellings) and further subdivision of each lot into two lots, resulting in six lots, at 116 Boronia Street, South Wentworthville (Lot 2 in DP 569338), is determined by the grant of consent, subject to the conditions of consent 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 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cumberland Local Environmental Plan 2021, cll 4.1, 4.3, 5.21, 6.2, 6.7, 6.9
Read the full judgment
Authoritative text on NSW Caselaw · ~18k words
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