AC & C Investments Pty Ltd v City of Canada Bay Council [2020] NSWLEC 1542

Land and Environment Court New South Wales

Medium Neutral Citation: AC & C Investments Pty Ltd v City of Canada Bay Council [2020] NSWLEC 1542 Hearing dates: Conciliation conference on 30 October 2020 Date of orders: 09 November 2020 Decision date: 09 November 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the plans in the proceedings referred to at condition 1 in Annexure A. (2) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent, on the ordinary basis and as agreed or assessed. (3) The appeal is upheld. (4) Development application 2020/0032 proposing the demolition of existing structures and the erection of a boarding house comprising a basement and 3 levels of accommodation above is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference boarding house – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: Department of Urban Affairs and Planning, Managing Land Contamination, Planning Guidelines SEPP 55—Remediation of Land, (August 1998) New South Wales Department of Planning, Contaminated Land Planning Guidelines (Draft 2018) Category: Principal judgment Parties: AC & C Investments Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)