July 10th, 2026 · before AC Sherry · file 2025/488313
Appeal upheld; development consent granted for a 9-storey residential flat building with associated conditions.
Emag Apartments appealed Bayside Council's refusal of a development application for a 9-storey residential flat building with 16 units, ground floor car park, and landscaping at Wolli Creek. The Court granted leave to amend the application and upheld the appeal, determining the application by granting consent subject to specified conditions.
ENVIRONMENT AND PLANNING – consent – appeal – s 34 agreement – cl 4.6 variation –conditions of consent
The Court orders that: (1) The Applicant is granted leave to amend Development Application No DA − 2025/645 to include the documents set out in Annexure B . (2) The Applicant is to pay the Respondent ' s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) , in the agreed amount of $17,500 payable within 28 days of the date of this order. (3) The appeal is upheld. (4) Development Application No DA − 2025/645, as amended, for the demolition of existing hardscape and landscape, and construction of a 9 storey residential flat building consisting of a ground floor car park, 16 residential units, associated landscaping and strata subdivision, at 11-13 Gertrude Street, Wolli Creek, is determined by the grant of 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 17th, 2026