The Village Building Co. Limited v Queenbeyan-Palerang Regional Council [2026] NSWLEC 1429
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL – characterisation of development – construction of dwellings – whether prohibited development – whether each dwelling is on its own lot of land – strata subdivision – orders
Catchwords
DEVELOPMENT APPEAL – characterisation of development – construction of dwellings – whether prohibited development – whether each dwelling is on its own lot of land – strata subdivision – orders
Outcome
The Court orders in relation to proceedings 2025/461403, referred to as the Photinia St development: (1) The appeal is dismissed. (2) Development application DA.2025.0302 which seeks consent for development described as the construction of 3 attached dwellings with associated landscaping, site works and strata title subdivision at 12 Photinia Street, Tralee, legally described as Lot 13 in DP 1302790, is determined by the refusal to grant consent. (3) All exhibits are retained. The Court orders in relation to proceedings 2025/461415, referred to as the Abelia Ave development: (1) The appeal is dismissed. (2) Development application DA.2025.0420 seeking consent for development described as the construction of 66 x 2 storey attached dwellings with associated landscaping, site works and strata title subdivision at 2 Abelia Avenue, Tralee, legally described as Lot 100 in DP 1316639 is determined by the refusal to grant consent. (3) All exhibits are retained.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.5, 4.1, 4.2, 4.3, 4.12, 4.15 4.19, 6.2, 8.7 Land and Environment Court Act 1979, s 34 Real Property Act 1900 (NSW) Strata Schemes Development Act 2015 (NSW), ss 4, 9 Queanbeyan-Palerang Regional Local Environmental Plan 2022, cl 2.3 Woollahra Local Environmental Plan 2014, cl 6.5
Read the full judgment
Authoritative text on NSW Caselaw · ~66k words
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