Court grants consent for St Marys 24-hour food premises
On 6 Nov the Land and Environment Court upheld Appwam's appeal against Penrith's deemed refusal and granted consent for two 24-hour food premises at St Marys.
- Source Briefing
- Public record
The NSW Land and Environment Court on Friday 6 November upheld an appeal by Appwam Pty Ltd against Penrith City Council and granted consent for two food and drink premises at St Marys (Sydney). The decision, [2026] NSWLEC 1744, was made by Commissioner O’Neill, and the appeal had been lodged against the council’s deemed refusal of the application.
Why it matters
The site is at 455-457 Great Western Highway, St Marys. Tree removal also covers boundary trees next to 449 Great Western Highway and 1-3 Princess Mary Street. The proposal covers demolition of existing structures, two new food and drink premises with 24-hour operation, tree removal, parking, landscaping and signage.
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Appwam appealed under section 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW), which allows an appeal when a council has not determined an application in time. The judgment does not state when the deemed refusal occurred. The council is recorded as having filed its Statement of Facts and Contentions on 14 May 2026.
The case was resolved through a conciliation conference held on 6 November. The judgment records that the council considers the amended application, with conditions, resolves all of its contentions. The court then made orders the same day.
The numbers
The judgment records a maximum building height of about 7.4 m for the GYG building, against a 25.5 m height limit. Pylon signs for GYG and Nando’s reach about 9 m. Total floor space is 508 sqm.
On density, the standard floor space ratio under clause 4.4 is 2.5:1. The St Marys town centre clause, 10.2(3), is met at 1.41:1, according to the judgment. The judgment as read does not state parking numbers, a project cost or a construction timeline.
Under the orders, Appwam must pay the council’s wasted costs arising from the change made to the application. The amount is A$5,500, payable within 28 days, under section 8.15(3) of the Act.
What’s next
The Court granted consent to Development application 25/1053, as amended, on the conditions set out in Annexure A to the orders. Those conditions were not part of the text reviewed for this report. One is noted in the judgment: condition 6 requires the council to consider and implement Endeavour Energy’s response.
The judgment does not say when demolition or construction will start, or who will operate the two premises. Related appeal: Turn Oze’s Hornsby appeal was also upheld by the court.
Source: NSW Land and Environment Court, [2026] NSWLEC 1744, published 6 November 2026. Reported by The Australian Developer.
Quick answers
What is the latest on Appwam Pty Ltd?
On 6 Nov the Land and Environment Court upheld Appwam's appeal against Penrith's deemed refusal and granted consent for two 24-hour food premises at St Marys.
What are the key numbers in this story?
costs order: A$5,500; floor space: 508 sqm.
Where does this information come from?
This story cites NSW Land and Environment Court, including the public record (NSW Land and Environment Court). Every source is linked on the page.
On the record
The court recorded a 508 sqm total floor space, a building height of about 7.4 m against a 25.5 m limit, and a costs order of A$5,500 against the applicant.
Public record · caselaw.nsw.gov.au
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