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[2026] NSWLEC 1046
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: Truong Ngo v Strathfield Municipal Council [2026] NSWLEC 1046
Hearing dates: Conciliation conference on 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 Application DA2024.169 for alterations and additions to an existing dwelling house and associated works including landscaping, stormwater infrastructure and tree removal at 10 Abbotsford Road, Homebush is determined by the grant of consent subject to conditions contained in Annexure A.
Catchwords: APPEAL – development application – alterations and additions to dwelling house – 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), ss 34, 34AA
Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 37, 38
State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.9
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Strathfield Local Environmental Plan 2012, cll 5.10, 6.2, 6.4
Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183
Category: Principal judgment
Parties: Truong Ngo (Applicant)
Strathfield Municipal Council (Respondent)
Representation: Counsel:
J Farrell (Applicant)
M Mallos (Solicitor) (Respondent)
Solicitors:
Mills Oakley Lawyers (Applicant)
Strathfield Municipal Council (Respondent)
File Number(s): 2025/335394
Publication restriction: Nil
COMMISSIONER: This appeal concerns a development application for alterations and additions to an existing dwelling house at 10 Abbotsford Road, Homebush. The development application was refused by the respondent on 4 June 2025. The applicant appeals against that decision, 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 [9] below, are made as a result of an agreement between the parties that was reached at a conciliation conference.
The Court was required to arrange a conciliation conference between the parties, pursuant to s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act). The conciliation conference commenced 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 decision reflects that which was filed on 27 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 a reduction in the extent of demolition on the ground floor, improved stormwater infrastructure, associated landscaping updates, adjustments to the roof form, design and materiality of the rear addition, and changes to the front fence on the north, east and west elevations.
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 Note that sets out the jurisdictional prerequisites to the exercise of the power to grant development consent. I have considered the contents of the Jurisdictional Note, together with the documents referred to therein, the Class 1 Application and its attachments, and the documents that are referred to in condition 5 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 proposed works are for the purpose of a dwelling house, which is permissible in the R2 Low Density Residential zone in which the site is located, pursuant to the Strathfield Local Environmental Plan 2012 (SLEP).
The proposed development complies with the development standards in the SLEP for height and floor space ratio.
The dwelling house is a heritage item under the SLEP, and the site is located within the Abbotsford Road Heritage Conservation Area. I am satisfied, based on heritage impact statements by Weir Phillips Heritage and Consulting dated November 2024, and by John Oultram Heritage and Design dated August 2025, that the alterations and additions will not have an adverse effect on the heritage significance of the heritage item or the heritage conservation area, in accordance with the consideration required by cl 5.10(4) of the SLEP.
The development application includes minor ancillary earthworks as necessary to install the proposed stormwater infrastructure. Based on the minor nature of those earthworks, they are not considered to have any detrimental impact on the matters set out in cl 6.2(3) of the SLEP.
The dwelling has available to it the essential services required by cl 6.4 of the SLEP, and the stormwater works proposed in the development application will ensure that adequate stormwater drainage will be available when required.
Consistent with the requirements of s 27 of the EPA Regulation 2021, the development application is accompanied by the BASIX certificate dated 19 January 2026.
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. As the site has a history of use for the purposes of residential premises, it is unlikely to be contaminated.
The site falls within the Sydney Harbour Catchment, such that Pt 6.2 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 applies to the development application. Based on the Jurisdictional Note, the stormwater concept plans, the accompanying DRAINS modelling, and the location of the site, I have considered the matters in ss 6.6(1) and 6.7(1) and I am satisfied of the matters in ss 6.6(2) and 6.7(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 development application was notified between 20 January 2025 and 4 February 2025, and two submissions were received during this period. I have considered the issues raised in those submissions.
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:
Strathfield Municipal Council, as the relevant consent authority, has agreed, under section 38(1) of the EPA Regulation 2021, to the Applicant amending Development Application DA2024.169 in accordance with the documents listed below:
| No. | Drawing No | Drawing Title | Rev | Prepared By | Date | | Architectural Plans | | 1. | DA-000 | Cover Sheet | K | IDA Design Group | 16.01.2026 | | DA-002 | Basix Comments | K | IDA Design Group | 16.01.2026 | | DA-003 | Site Analysis | K | IDA Design Group | 16.01.2026 | | DA-004 | Demolition Floor Plan | K | IDA Design Group | 16.01.2026 | | DA-006 | Proposed Site Plan | K | IDA Design Group | 16.01.2026 | | DA-008 | Existing Floor Plan | K | IDA Design Group | 16.01.2026 | | DA-009 | Ground - Proposed Floor Plan | K | IDA Design Group | 16.01.2026 | | DA-011 | Proposed Roof Plan | K | IDA Design Group | 16.01.2026 | | DA-012 | Elevations - Sheet 1 | K | IDA Design Group | 16.01.2026 | | DA-013 | Elevations - Sheet 2 & Door/Window Schedule | K | IDA Design Group | 16.01.2026 | | DA-014 | Sections | K | IDA Design Group | 16.01.2026 | | DA-450 | Shadow Diagrams - Winter Solstice | K | IDA Design Group | 16.01.2026 | | DA-451 | Shadow Diagrams – Equinox | K | IDA Design Group | 16.01.2026 | | DA-480 | Material Schedule | K | IDA Design Group | 16.01.2026 | | DA-500 | Site Calculations - Landscape Plans | K | IDA Design Group | 16.01.2026 | | DA-501 | Calculations Diagrams | B | IDA Design Group | 16.01.2026 | | DA-900 | Perspective- Sheet 1 | J | IDA Design Group | 16.01.2026 | | DA-901 | Perspective- Sheet 2 | J | IDA Design Group | 16.01.2026 | | Landscape Plans | | 2. | DA-L101 | Landscape General Layout Plan: Ground Floor | E | Canvas Landscape Architects | 19.01.2026 | | DA-L102 | Landscape Plan: Ground Floor – North | E | Canvas Landscape Architects | 19.01.2026 | | DA-L103 | Landscape Plan: Ground Floor – South | E | Canvas Landscape Architects | 19.01.2026 | | DA-L104 | Landscape Typical Details, Plant Schedule & Maintenance Schedule | C | Canvas Landscape Architects | 10.10.2025 | | Stormwater Plans | | 3. | 000 | Cover Sheet Plan | A | Telford Civil | 23.10.2024 | | 101 | Stormwater Concept Plan Ground Floor | J | Telford Civil | 16.01.2026 | | 102 | Inset Plan | B | Telford Civil | 22.04.2025 | | 103 | Stormwater Concept Plan Roof Level | E | Telford Civil | 11.12.2025 | | 104 | On-Site Detention Details And Calculations | H | Telford Civil | 11.12.2025 | | 105 | Sediment And Erosion Control Plan & Details | A | Telford Civil | 23.10.2024 | | 106 | Miscellaneous Details Sheet | E | Telford Civil | 16.01.2026 | | Supporting Documentation | | No. | Document | Date | | 4. | Arboricultural Impact Assessment prepared by TreeHaven Environscapes | 12.12.2025 | | 5. | Heritage Impact Statement prepared by John Oultram Heritage & Design | 08.2025 | | 6. | BASIX Certificate No. A1772384_02 prepared by Taylor Smith Consulting | 19.01.2026 |
The Court orders that:
The appeal is upheld.
Development Application DA2024.169 for alterations and additions to an existing dwelling house and associated works including landscaping, stormwater infrastructure and tree removal at 10 Abbotsford Road, Homebush is determined by the grant of consent subject to conditions contained in Annexure A.
Annexure A (437 KB, pdf)
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Truong Ngo
Strathfield Municipal Council [2026] NSWLEC 1046
(2023) 111 NSWLR 634