Tserpes v Canterbury-Bankstown Council [2026] NSWLEC 1250
Before: Harding AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by Patsy Tserpes (applicant). The appeal was lodged after the refusal of Development Application No. DA-167/2025 (development application) by Canterbury-Bankstown Council (respondent).
Catchwords
DEVELOPMENT APPLICATION – secondary dwelling – lot size – private open space – setbacks – character
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application DA167/2025 for a change of use, from shop to secondary dwelling, at 89 Lucas Road, Lucas Heights, legally known as Lot B in DP 402664, is determined by the grant of development consent, subject to the conditions in Annexure A. (3) The exhibits are to be returned with the exception of Exhibits 1, A, B and C.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Canterbury Bankstown Local Environmental Plan 2023, cll 2.3, 6.3. State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~17k words
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