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[2026] NSWLEC 1049
General information, not legal advice.
Land and Environment Court (NSW)
2026-02-10
Gray C
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Eloura Developments George Pty Ltd v City of Canada Bay Council [2026] NSWLEC 1049
Hearing dates: Conciliation conference 30 January 2026
Date of orders: 10 February 2026
Decision date: 10 February 2026
Jurisdiction: Class 1
Before: Gray C
Decision: The Court orders that:
(1) The appeal is upheld.
(2) Development Consent is granted to Development Application DA2024/0250 for demolition of the existing structures and construction of a six to eight-storey Infill Affordable Housing Residential Flat Building development, comprising of 179 units including 30 affordable units, with 2 basement levels containing 196 car parking spaces, plus neighbourhood shop and Torrens title subdivision (consolidation of lots) at 176 to 184 George Street, Concord West subject to conditions set out in Annexure A.
(3) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed sum of $10,000.00 within 28 days.
Catchwords: APPEAL – development application – residential flat building containing infill affordable housing and neighbourhood shop – conciliation conference – agreement reached – orders made
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7
Land and Environment Court Act 1979 (NSW), s 34
Water Management Act 2000 (NSW), s 91
Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 5.21, 5.22, 6.1, 6.2, 6.10, 6.11, 6.14, 7.2, 8.10, 8.11
Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 29, 37, 38
State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9
State Environmental Planning Policy (Housing) 2021, Ch 2 Pt 2 Div 1, Ch 4, ss 15C, 16, 19, 20, 147
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1
State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.120
Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183
Category: Principal judgment
Parties: Eloura Developments George Pty Ltd (Applicant)
Newcastle City Council (Respondent)
Representation: Counsel:
S Siv (Solicitor) (Applicant)
R McCulloch (Solicitor) (Respondent)
Solicitors:
Mills Oakley (Applicant)
Pikes & Verekers Lawyers (Respondent)
File Number(s): 2025/132069
Publication restriction: Nil
COMMISSIONER: This appeal concerns a development application for the construction of a residential flat building containing infill affordable housing and a neighbourhood shop, across 3 buildings, at 176 to 184 George Street, Concord West. The development application was lodged with the respondent on 7 January 2025. Following the expiry of the period after which a development application is deemed to be refused, the applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The final orders in this appeal, outlined in [12] below, are made as a result of an agreement between the parties that was reached at a conciliation conference.
The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 30 January 2026. I presided over the conciliation conference.
At the conciliation conference, an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The agreement reflects that which was filed on 19 January 2026, and follows the Council’s approval of an application for an amendment to a development application pursuant to ss 37 and 38 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Regulation 2021). The amendments include the reduction in size of the neighbourhood shop, the deletion of four residential apartments in Building A, relocation of a driveway entry/exit to Building A, an adjustment of apartment mix, reduced paved areas and increased landscaping.
The decision agreed upon is for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act. The signed agreement is supported by a Jurisdictional Statement that sets out the jurisdictional prerequisites to the exercise of the power to grant development consent. I have considered the contents of the Jurisdictional Statement, together with the documents referred to therein, the Class 1 Application and its attachments, and the documents that are referred to in condition 1 of Annexure A. Based on those documents, I have considered the matters required to be considered pursuant to s 4.15(1) of the EPA Act.
As the presiding Commissioner, I am satisfied that the decision to grant development consent to the amended application subject to conditions of consent is a decision that the Court could have made in the proper exercise of its functions, this being the test applied by s 34(3) of the LEC Act. This test is concerned with there being no jurisdictional constraints that preclude the making of orders in accordance with the decision that the parties’ have agreed upon (see McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 at [4], [51]). I formed this state of satisfaction as each of the jurisdictional preconditions identified by the parties is met, for the following reasons:
The development works are for the purposes of a residential flat building and a neighbourhood shop, both of which are permissible uses in the R3 Medium Density Residential zone in which the site is located, pursuant to the Canada Bay Local Environmental Plan 2013 (CBLEP).
I am satisfied that consent should be granted notwithstanding the contravention of the dwelling mix development standard, contained in cl 6.11 of the CBLEP. Clause 6.11(3) requires that at least 20% of the dwellings are studio or one-bedroom, whereas the proposed development comprises 7.8% one-bedroom dwellings. Based on the written request, dated October 2025, I am satisfied that compliance is unreasonable or unnecessary as the proposed development achieves the objectives of the standard notwithstanding the non-compliance, and that there are sufficient environmental planning grounds to justify the contravention given the market demand analysis demonstrates poor demand for one-bedroom dwellings in the area. I am therefore satisfied that the applicant has demonstrated the matters required by cl 4.6(3) of the CBLEP, and consent can be granted even though the development would contravene the standard in cl 6.11.
The site is partially located in a flood planning area, such that cll 5.21 and 5.22 of the CBLEP apply to the proposed development. Based on the Amended Technical Engineering Memorandum by Orion dated 29 August 2025, the Flood Impact Assessment dated 12 April 2024 and the Updated Statement of Environmental Effects dated September 2025, I have considered the matters in cl 5.21(3) and cl 5.22(3) and I am satisfied of the matters in cl 5.21(2).
The site is mapped as containing Class 2 and Class 5 Acid Sulfate Soils, and proposes excavation to 5.9m depth for basement parking. As such, cl 6.1 of the CBLEP applies to the proposed development. In satisfaction of cl 6.1(3), the development application is accompanied by an Acid Sulfate Soil Management Plan prepared by Ei Australia and dated 30 May 2025.
The development application includes earthworks for the provision of the basement. Based on the Stormwater Plans prepared by Capital Engineering Consultants dated 16 October 2025, the Addendum to the Remedial Action Plan by Ei Australia dated 20 August 2025, and the Geotechnical Investigation Report by WSP dated September 2018, I have considered the matters set out in cl 6.2(3) of the CBLEP.
The site is within an existing urban area and the proposed development will be connected to existing public utility infrastructure for water, power, sewer and telecommunications. Pursuant to cl 6.10(1) of the CBLEP, I am satisfied that any public utility infrastructure that is essential for the proposed development is available.
Based on the Design Statement dated 4 December 2025 and the Design Report dated 9 September 2025, I am satisfied that the development exhibits design excellence, consistent with cl 6.14(3) of the CBLEP and based on the matters specified in cl 7.2(3).
Clause 8.10 of the CBLEP concerns urban heat, public domain amenity and water reticulation, and applies to the site. Based on the landscape plans dated 17 October 2025 and the materials schedule, I am satisfied that planning and design measures are incorporated to reduce the urban heat island effect in accordance with cl 8.10(1)(a). Based on the Amended Architectural Plans, I am satisfied that the provision of pedestrian pathways and site connections to Powell Reserve will improve the quality and amenity of the public domain, as required by cl 8.10(1)(b). I am also satisfied that, based on the Stormwater Plans prepared by Capital Engineering Consultants dated 16 October 2025, the building has a dual water reticulation system that meets the requirements of cl 8.10(1)(c).
Consistent with cl 8.11 of the CBLEP, and based on the Jurisdictional Note, the Amended Traffic and Parking Assessment dated 8 October 2025, and the Amended Architectural Plans, I am satisfied that the proposed development does not result in the number of car parking spaces exceeding the maximum specified in cl 8.11(2).
Whilst cl 4.3 of the CBLEP prescribes a maximum building height development standard of 16m and 22m, the proposed development includes an affordable housing component that meets the requirements of s 15C of the State Environmental Planning Policy (Housing) 2021 (SEPP Housing), such that Ch 2 Pt 2 Div 1 of the SEPP Housing applies. The development therefore benefits from additional height allowance pursuant to s 16(3) of the SEPP Housing, which allows a 30% uplift on the CBLEP development standard. The proposed development has a maximum height of 27.95m, which complies with the applicable maximum height of 28.6m that is permitted pursuant to s 16(3) of the SEPP Housing.
Similarly, whilst cl 4.4 of the CBLEP prescribes a maximum floor space ratio (FSR) development standard of 1.9:1, the proposed development benefits from an additional FSR allowance under s 16(2) of the SEPP Housing. The proposed development has a FSR of 2.43:1, which is within the maximum FSR permitted by s 16 of the SEPP Housing, calculated to be 2.47:1.
Section 20(3) of the SEPP Housing requires consideration of “whether the design of the residential development is compatible with” either the desirable elements of the local area, or the desired future character. Based on the Design Report dated 9 September 2025 and the Updated Statement of Environmental Effects dated September 2025, I consider that the design of the development is compatible with the desirable elements of the local area.
Chapter 4 of the SEPP Housing applies to the proposed development. Based on the Design Statement dated 4 December 2025 and the Design Report dated 9 September 2025, I have considered the matters required to be considered by s 147(1) of the SEPP Housing.
The amended development application is accompanied by a statement of a qualified designer that verifies the design of the development, dated 4 December 2025, as required by s 29 of the EPA Regulation 2021.
Consistent with the requirements of s 27 of the EPA Regulation 2021, the development application is accompanied by the BASIX certificate dated 5 December 2025. Based on the BASIX certificate, I am satisfied of the requirement in s 2.1(5) of the State Environmental Planning Policy (Sustainable Buildings) 2022.
The site falls within the Sydney Harbour Catchment, such that Pt 6.2 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP B&C) applies to the development application. Based on the Jurisdictional Note, the Stormwater Plans prepared by Capital Engineering Consultants dated 16 October 2025, the Amended Technical Engineering Memorandum by Orion dated 29 August 2025 and the Flood Impact Assessment dated 12 April 2024, I am satisfied of the matters in ss 6.6(2), 6.7(2) and 6.8(2). Further, the development will not change any public access to recreational areas of waterbodies, and I am therefore satisfied of the matters in s 6.9(2).
The site has frontage to a road with traffic volumes of at least 20,000 vehicle movements per day, such that s 2.120 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (SEPP TI) applies. Consistent with the requirements of s 2.120, the proposed development has been designed to prevent or reduce the impacts associated with road traffic noise and will be carried out in accordance with the recommendations in the Acoustic Assessment dated 17 October 2025, which considers the guidelines issued by the Planning Secretary, and will ensure compliance with the LAeq levels in s 2.120(3).
Consideration has been given as to whether the subject site is contaminated as required by s 4.6 of the State Environmental Planning Policy (Resilience and Hazards) 2021, and, consistent with the requirements of s 4.6(2), I have considered a report specifying the findings of a preliminary investigation of the land concerned and a Detailed Site Assessment prepared by Ei Australia dated 29 August 2025. The report confirms that the site is able to be remediated in accordance with a Remediation Action Plan dated 6 September 2018 and updated by Addendum dated 20 August 2025, and, therefore, will be made suitable for the proposed development.
The development application was notified between 10 and 24 February 2025, and six submissions were received in response. I have considered the issues raised in those submissions. One such issue concerns the overshadowing of a single storey dwelling to the south, which the applicant has sought to address through an increased rear setback of 10m to the upper levels of the proposed development.
I note also that s 19 of the SEPP Housing sets out a number of grounds on which consent cannot be refused if certain criteria are met. The proposed development meets the criteria for site area, landscaped area, deep soil zone, solar access, parking spaces, and accommodation size. Accordingly, consent cannot be refused on any of those grounds.
The proposal is integrated development pursuant to s 91 of the Water Management Act 2000 (NSW). Water NSW has provided general terms of approval under s 91 of the Water Management Act, and those terms of approval are incorporated into the conditions, at condition 1.
The proposed development could affect an electricity power line or an electricity distribution pole, as a result of which s 2.48 of the SEPP TI requires notification to the electricity supply authority and consideration of their response. Consistent with those requirements, Ausgrid was notified of the development application and I have considered the content of their response, which is annexed to the conditions of consent at Annexure A.
Having reached the state of satisfaction that the decision is one that the Court could have made in the exercise of its functions, s 34(3)(a) of the LEC Act requires me to “dispose of the proceedings in accordance with the decision”. The LEC Act also requires me to “set out in writing the terms of the decision” (s 34(3)(b)).
In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any evaluative judgment on the matters that were originally in dispute between the parties, or any assessment of the merits of the development application against the discretionary matters that arise pursuant to an assessment under s 4.15 of the EPA Act.
The Court notes:
The City of Canada Bay Council, as the relevant consent authority, has approved, under s 38(1) of the EPA Regulation 2021, to the Applicant amending Development Application DA2024/0250 in accordance with the documents listed below:
| Amended Architectural Plans | | Plan name | Drawing ref | Revision | Date | Prepared by | | Title Sheet | DA-001-001 | E | 18 December 2025 | Turner | | Notification Plan | DA-001-000 | E | 18 December 2025 | Turner | | Site Context Plan | DA-001-010 | E | 18 December 2025 | Turner | | Site Plan | DA-010-011 | E | 18 December 2025 | Turner | | Survey Plan | DA-010-012 | E | 18 December 2025 | Turner | | Demolition Plan | DA-010-013 | E | 18 December 2025 | Turner | | Apartment Matrix | DA-010-014 | E | 18 December 2025 | Turner | | Streetscape Character Analysis | DA-010-015 | E | 18 December 2025 | Turner | | Apartment Schedule Buildings A & B | DA-010-016 | E | 18 December 2025 | Turner | | Apartment Schedule Building C | DA-010-017 | E | 18 December 2025 | Turner | | Basement 02 | DA-110-006 | E | 18 December 2025 | Turner | | Basement 01 | DA-110-007 | E | 18 December 2025 | Turner | | Level 01 | DA-110-008 | E | 18 December 2025 | Turner | | Level 02 | DA-110-010 | E | 18 December 2025 | Turner | | Level 03 | DA-110-020 | E | 18 December 2025 | Turner | | Level 04 | DA-110-030 | E | 18 December 2025 | Turner | | Level 05 | DA-110-040 | E | 18 December 2025 | Turner | | Level 06 | DA-110-050 | E | 18 December 2025 | Turner | | Level 07 | DA-110-060 | E | 18 December 2025 | Turner | | Level 08 | DA-110-070 | E | 18 December 2025 | Turner | | Plant Roof Level | DA-110-110 | E | 18 December 2025 | Turner | | East and West Elevations | DA-210-001 | E | 18 December 2025 | Turner | | Building A Elevations | DA-210-101 | E | 18 December 2025 | Turner | | Building B Elevations | DA-210-201 | E | 18 December 2025 | Turner | | Building C Elevations | DA-210-301 | E | 18 December 2025 | Turner | | Site Long Sections | DA-310-001 | E | 18 December 2025 | Turner | | Sections Building A B C | DA-310-101 | E | 18 December 2025 | Turner | | Carpark A Vehicle Ramps | DA-440-001 | E | 18 December 2025 | Turner | | Carpark B Vehicle Ramps | DA-440-002 | E | 18 December 2025 | Turner | | Shadow Analysis 9am-12pm | DA-710-001 | E | 18 December 2025 | Turner | | Shadow Analysis 1pm-3pm | DA-710-002 | E | 18 December 2025 | Turner | | ADG Building A Level 01 to Level 02 | DA-720-001 | E | 18 December 2025 | Turner | | ADG Building A Level 03 to Level 04 | DA-720-002 | E | 18 December 2025 | Turner | | ADG Building A Level 05 to Level 06 | DA-720-003 | E | 18 December 2025 | Turner | | ADG Building B Level 01 to Level 04 | DA-720-004 | E | 18 December 2025 | Turner | | ADG Building B Level 05 to Level 08 | DA-720-005 | E | 18 December 2025 | Turner | | ADG Building C Level 01 to Level 04 | DA-720-006 | E | 18 December 2025 | Turner | | ADG Building C Level 05 to Level 08 | DA-720-007 | E | 18 December 2025 | Turner | | Deep Soil and Communal Space Diagrams (ADG) | DA-730-001 | E | 18 December 2025 | Turner | | GFA Level 01 to Level 04 | DA-770-001 | E | 18 December 2025 | Turner | | GFA Level 05 to Level 08 | DA-770-002 | E | 18 December 2025 | Turner | | Sun Eye View Diagram 9am to 12pm | DA-790-001 | E | 18 December 2025 | Turner | | Sun Eye View Diagram 9am to 12pm | DA-790-002 | E | 18 December 2025 | Turner | | Adaptable – Sheet 01 | DA-810-001 | E | 18 December 2025 | Turner | | Adaptable – Sheet 02 | DA-810-002 | E | 18 December 2025 | Turner | | Livable – Sheet 03 | DA-810-003 | E | 18 December 2025 | Turner | | Livable - Sheet 04 | DA-810-004 | E | 18 December 2025 | Turner | | Materials and Finishes | DA-910-001 | E | 18 December 2025 | Turner | | Perspective 01 | DA-920-001 | E | 18 December 2025 | Turner | | Perspective 02 | DA-920-001 | E | 18 December 2025 | Turner | | Amended Landscaping Plans | | Plan name | Drawing Ref | Revision | Date | Prepared by | | Title sheet, Drawing Register, General Notes & Extent of Works Plan | 2403-01 | F | 17 October 2025 | Paddock Studio | | Overall Landscape DA Plan | 2403-02 | F | 17 October 2025 | Paddock Studio | | Landscape DA Plan 1 of 6 | 2403-03 | F | 17 October 2025 | Paddock Studio | | Landscape DA Plan 2 of 6 | 2403-04 | F | 17 October 2025 | Paddock Studio | | Landscape DA Plan 3 of 6 | 2403-05 | F | 17 October 2025 | Paddock Studio | | Landscape DA Plan 4 of 6 | 2403-06 | F | 17 October 2025 | Paddock Studio | | Landscape DA Plan 5 of 6 | 2403-07 | F | 17 October 2025 | Paddock Studio | | Landscape DA Plan 6 of 6 (Roof Terraces) | 2403-08 | F | 17 October 2025 | Paddock Studio | | Planting DA Plan 1 of 2 | 2403-09 | F | 17 October 2025 | Paddock Studio | | Planting DA Plan 2 of 2 (Roof Terraces) | 2403-010 | F | 17 October 2025 | Paddock Studio | | Planting DA Schedule 1 of 2 | 2403-011 | F | 17 October 2025 | Paddock Studio | | Planting DA Schedule 2 of 2 | 2403-012 | F | 17 October 2025 | Paddock Studio | | Maintenance Requirements & Management Plan Typical Planting Details | 2403-013 | F | 17 October 2025 | Paddock Studio | | Tree Management Plan | 2403-014 | F | 17 October 2025 | Paddock Studio | | Deep Soil Area Plan | 2403-015 | F | 17 October 2025 | Paddock Studio | | Front Setback Deep Soil Area Plan | 2403-016 | F | 17 October 2025 | Paddock Studio | | Communal Open Space Plan | 2403-017 | F | 17 October 2025 | Paddock Studio | | Canopy Cover Plan | 2403-018 | F | 17 October 2025 | Paddock Studio | | Section A (Communal Open Space – Road Verge) | 2403-019 | F | 17 October 2025 | Paddock Studio | | Section B (Private Terrace – Upper Pathway-Road Verge Pathway) | 2403-020 | F | 17 October 2025 | Paddock Studio | | Section C (Private Terrace – Upper | 2403-021 | F | 17 October 2025 | Paddock Studio | | Section D (New Driveway) | 2403-022 | F | 17 October 2025 | Paddock Studio | | Section E (New Driveway + Waste Collection Area) | 2403-023 | F | 17 October 2025 | Paddock Studio | | Section F (New Driveway + Podium Planter) | 2403-024 | F | 17 October 2025 | Paddock Studio | | Section G (Communal Open Space / Site Through-link) | 2403-025 | F | 17 October 2025 | Paddock Studio | | Section H (Communal Open Space / Site Through-link) | 2403-026 | F | 17 October 2025 | Paddock Studio | | Amended Stormwater Plans | | Plan name | Drawing Ref | Revision | Date | Prepared by | | Cover Sheet | SW001 | H | 16 October 2025 | Capital Engineering Consultants | | Basement 02 Floor Plan, Notes & Details (1/4) | SW010 | H | 16 October 2025 | Capital Engineering Consultants | | Basement 02 Floor Plan, Notes & Details (2/4) | SW011 | H | 16 October 2025 | Capital Engineering Consultants | | Basement 02 Floor Plan, Notes & Details (3/4) | SW012 | H | 16 October 2025 | Capital Engineering Consultants | | Basement 02 Floor Plan, Notes & Details (4/4) | SW013 | H | 16 October 2025 | Capital Engineering Consultants | | Basement 01 Floor Plan, Notes & Details (1/3) | SW020 | H | 16 October 2025 | Capital Engineering Consultants | | Basement 01 Floor Plan, Notes & Details (2/3) | SW021 | H | 16 October 2025 | Capital Engineering Consultants | | Basement 01 Floor Plan, Notes & Details (3/3) | SW022 | H | 16 October 2025 | Capital Engineering Consultants | | Ground Floor Plan, Notes & Details (1/4) | SW030 | H | 16 October 2025 | Capital Engineering Consultants | | Ground Floor Plan, Notes & Details (2/4) | SW031 | H | 16 October 2025 | Capital Engineering Consultants | | Ground Floor Plan, Notes & Details (3/4) | SW032 | H | 16 October 2025 | Capital Engineering Consultants | | Ground Floor Plan, Notes & Details (4/4) | SW033 | H | 16 October 2025 | Capital Engineering Consultants | | Erosion and Sediment Control Plan (1/2) | ER001 | H | 16 October 2025 | Capital Engineering Consultants | | Erosion and Sediment Control Plan (2/2) | ER001 | H | 16 October 2025 | Capital Engineering Consultants | | Plan of Subdivision | | Plan name | Drawing Ref | Revision | Date | Prepared by | | Plan of subdivision of lots 4-12 & 15-16 in DP 15973, 1-2 in DP 226350 and 3 in DP 218758 | 9257 | D | 4 November 2025 | SDS Pty Ltd | | Reports | | Report name | Ref | Revision | Date | Prepared by | | Clause 4.6 variation request to mix of dwelling sizes in residential flat buildings and mixed-use developments development standard pursuant to clause 6.11 of Canada Bay LEP 2013 | - | - | October 2025 | ABC Planning Pty Ltd | | Submission for Affordable Housing Uplift, Mixed Use Residential Development at 176-184 George Street Concord West 2138 | - | - | 2 October 2025 | Home Ground Real Estate Sydney | | Markey Demand Analysis Concord West | - | Final10 | 17October 2025 | Coolamon Consulting | | Amended Traffic & Parking Assessment | 23164 | Issue K | October 2025 | Transport and Traffic Planning Associates | | Amended DA Acoustic Assessment | 20231123.1 | 4 | 17 October 2025 | Acoustic Logic | | Amended Waste Management Plan | - | Revision 1.6 | October 2025 | Aus Wide Consulting | | Root Mapping Investigation | - | - | 14 October 2025 | Arbor Express | | Amended Detailed Site Investigation | E26794.E02_Rev0 | Revision 0 | 29 August 2025 | Ei Australia | | Addendum to existing Remedial Action Plan | E26794.E06_Addendum_Rev.0 | Revision 0 | 20 August 2025 | Ei Australia | | Amended Acid Sulfate Soil Management Plan | E26794.E14_Rev0 | Revision 0 | 30 May 2025 | Ei Australia | | Amended Statement of Environmental Effects | - | - | September 2025 | ABC Planning Pty Ltd | | Flooding Technical Engineering Memorandum | - | - | 29 August 2025 | Orion | | TUFLOW Model | - | - | August 2025 | Orion | | Response to Water NSW Request for Further Information (RFI) for Proposed Development DA 2024/0250 – 176-184 George Street, Concord West NSW 2138 | E26794.E09.001_Rev0 | | 20 August 2025 | Ei Australia | | Groundwater Seepage Analysis for 176-184 George Street, Concord West NSW | E26794.G12 | - | 20 August 2025 | Ei Australia | | Amended Design Report | - | Revision B | 9 September 2025 | Turner | | Amended Arboricultural Impact Assessment | AIA10/12/2024 | V3 | 15 September 2025 | Arbor Express | | Acoustic Statement in Response to Contention 15.1(q) | - | - | October 2025 | Acoustic Logic | | Amended Design Verification Statement | - | - | 4 December 2025 | Turner | | Amended BASIX stamped plans | Certificate No. 0009832200 | - | 5 December 2025 | Danielle Grumont | | Amended NCC 2022 NatHERS and BASIX Assessment | Project No. 23008 | C | 5 December 2025 | Green Future Group Pty Ltd |
The Court orders that:
The appeal is upheld.
Development Consent is granted to Development Application DA2024/0250 for demolition of the existing structures and construction of a six to eight-storey Infill Affordable Housing Residential Flat Building development, comprising of 179 units including 30 affordable units, with 2 basement levels containing 196 car parking spaces, plus neighbourhood shop and Torrens title subdivision (consolidation of lots) at 176 to 184 George Street, Concord West subject to conditions set out in Annexure A.
The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed sum of $10,000.00 within 28 days.
Amended Annexure A (1.69 MB, pdf)
**********
Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005, by consent of the parties, the conditions at Annexure A to the orders dated 10/2/26 are amended to include the Water NSW, Ausgrid and Sydney Water conditions and uploaded as Amended Annexure A.
Eloura Developments George Pty Ltd
City of Canada Bay Council [2026] NSWLEC 1049
(2023) 111 NSWLR 634