May 29th, 2026 · before Walsh C · file 2025/493824
Appeal upheld; development consent granted for amended application subject to conditions, with applicant to pay respondent's costs thrown away.
The applicant sought development consent for partial demolition, subdivision into three lots, and construction of two semi-detached and one detached dwelling at 6 Edwin Street, Tempe. Following a conciliation conference, the parties reached agreement on the amended application. The Court upheld the appeal and granted development consent subject to conditions in Annexure A.
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
The Court orders that: (1) The Applicant is granted leave to file the Amended Development Application referred to at [17]. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed sum of $2,000, payable within 28 days of the receipt of an invoice. (3) The Appeal is upheld. (4) Development Application No. DA/2025/0756, as amended, for the partial demolition of existing structures, Torrens tile subdivision into three lots and construction of two semi-detached dwellings and one detached dwelling on land legally described as Lot 3 in DP329766 and known as 6 Edwin Street, Tempe NSW 2044, is determined by the grant of development consent subject to the conditions at Annexure A.
Unofficial plain-English summary of a published decision; first-instance decisions may be subject to appeal. Read the full judgment at NSW Caselaw · Source last checked July 16th, 2026