Osgood Development Pty Ltd v City of Canada Bay Council

Land and Environment Court New South Wales Medium Neutral Citation: Osgood Development Pty Ltd v City of Canada Bay Council [2026] NSWLEC 1644 Hearing dates: Conciliation conference held on 14 September 2026 Date of orders: 29 September 2026 Decision date: 29 September 2026 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA2026/0087 seeking consent for demolition of existing structures, removal of four trees, Torrens title subdivision of the existing lot into two lots and associated civil and driveway works on land described as Lot J in Deposited Plan 413458, otherwise described as 2 Ian Parade, Concord NSW 2137 subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL — demolition of existing structures and Torrens title subdivision — conciliation conference — agreement between the parties — orders Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Roads Act 1993 (NSW), s 138 Canada Bay Local Environmental Plan 2013, cll 2.6, 2.7, 4.1, 6.1 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts

Cited: AS/NZS 3845 Transport for NSW standards Canada Bay Community Participation Plan Category: Principal judgment Parties: Osgood Development Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: J Reid (Applicant) S Patterson (Solicitor) (Respondent) Solicitors: Thomsons Lawyers (Applicant) Finn Roache Lawyers (Respondent) File Number(s): 2026/274682 Publication restriction: No Judgment COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), being an appeal against the refusal of Development Consent No DA2026/0087 for demolition of existing structures, removal of four trees, Torrens title subdivision of the existing lot into two lots and a new vehicular crossing and driveway from Ian Parade to the northern lot at 2 Ian Parade, Concord (Proposed Development) at 2 Ian Parade Concord and is legally described as Lot J DP 413458 (the Site). 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 has been held on 14 September 2026. I presided over the conciliation conference. The DA was notified from 22 May 2026 to 5 June 2026 in accordance with the Canada Bay Community Participation Plan, then in force. Two submissions were received by the Respondent. There were no objectors at

the conciliation conference. The Applicant seeks to amend the Proposed Development to move the proposed driveway for Lot 1 to the north and to reconstruct the driveway to Lot 2 to be 3m in width with 600mm wings on either side set perpendicular to the road with no splays and to amend the road works to extend the median strips on Broughton Street and Ian Parade. The road reserve works will also include modifications to the existing guard fence along the west side road reserve at the intersection of Broughton Street, Ian Parade and Zoeller Street, Concord to accommodate the new access driveway for proposed Lot 1 to provide for a fully anchored system that will be comparable to or have an enhanced tensile strength through the barrier system notwithstanding its shorter overall length which is expected to enhance the barrier containment performance compared to the existing system. There will also be the installation of an energy absorbing bollard EAB to protect the power pole on Ian Parade. The Proposed Development also includes maintenance of the crash barrier between the driveway of Lot 1 and 4 Ian Parade, Concord. The proposed works within the road reserve will be subject to a separate approval pursuant to s 138 of the Roads Act 1993 (NSW) to be submitted and approved prior to issue of a subdivision certificate (condition 11). At the conciliation conference, the parties reached

agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting development consent to the development application subject to conditions. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties identified the jurisdictional prerequisites of relevance in these proceedings to be the terms of the Canada Bay Local Environmental Plan 2013 (CBLEP). The parties explained how the jurisdictional prerequisites have been satisfied in an agreed jurisdictional note provided to the Court. The DA was made by Chanine Design Pty Ltd (CD Architects) as agent for Osgood Development Pty Ltd (ACN 691 479 375) (Osgood). Osgood is the owner of the Site, and provided owners consent to the

lodgment of the DA by CD Architects by its sole director (Tab 5, Class 1 application). Ian Parade and Broughton Street are local, unclassified roads and Council is the roads authority (Traffic Report, Tab 11, Class 1 application, p6). Council has granted owners consent to the lodgment of the DA as it relates to the proposed road works. The Site is zoned R2 Low Density Residential under the CBLEP. In accordance with cl 2.6 of the CBLEP subdivision is permissible with development consent. Demolition is also permissible with development consent pursuant to cl 2.7 of the CBLEP. Clause 4.1(2) of the CBLEP sets a minimum lot size development standard for the Site of 450m2, as shown on the Lot Size Map and the proposed new lots will have the following compliant areas: Lot 1 (northern lot): 450.17sqm; Lot 2 (southern lot): 451.16sqm. The Site is shown as ‘Class 5’ land on the Acid Sulfate Soils Map, however cl 6.1(2) of the CBLEP is not engaged as the works are not likely to lower the water table below 1 metre AHD on the adjacent Class 2 land. The Statement of Environmental Effects filed by the Applicant with the Class 1 Application addresses s 4.6 of the State Environmental Planning Policy (Resilience and Hazards) 2021. The history of the Site demonstrates a residential use in an established residential neighbourhood since prior to 1943. Given the continued residential use of the

Site, the parties accept that no further assessment of contamination is necessary and the continued residential use of the Site is suitable, however, it is noted that the subdivision of the Site does not authorise a use and that future applications for dwellings will further consider the contamination status of the Site. The Site is not within a regulated water catchment for the purposes of Chapter 6 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021. I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision. Notations: The Court notes that the City of Canada Bay Council, as the relevant consent authority has approved, under s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW), the Applicant amending Development Application No DA2026/0087 to incorporate the amended plans and additional reports listed below: Plan, Revision and Issue No. Plan Name Date Issued/Received Prepared by DA1005 D Site Plan 16.09.26 CDArchitects DA1006 C Demolition Plan 14.09.26 DA1100 B Subdivision Plan 12.09.26 1 Civil engineering

advice addressing compliant road safety barrier design, 2 Ian Parade, Concord. 07.09.26 RSA Audits 26025 Statement in Reply to Traffic and Parking Contentions 21.08.26 Varga Traffic Planning Pty Ltd Orders: The Court orders: The appeal is upheld. Development consent is granted to Development Application No. DA2026/0087 seeking consent for demolition of existing structures, removal of four trees, Torrens title subdivision of the existing lot into two lots and associated civil and driveway works on land described as Lot J in Deposited Plan 413458, otherwise described as 2 Ian Parade, Concord NSW 2137 subject to the conditions in Annexure A. E Espinosa Commissioner of the Court ** Annexure A (516 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 29 September 2026