Habib v City of Canada Bay Council [2020] NSWLEC 1554

Land and Environment Court New South Wales

Medium Neutral Citation: Habib v City of Canada Bay Council [2020] NSWLEC 1554 Hearing dates: Conciliation Conference on 5 November 2020 Date of orders: 11 November 2020 Decision date: 11 November 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) Leave is granted for the applicant to rely on the amended plans and documents referred to in condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development consent is granted to DA2020/004 for the demolition of existing structures and construction of a two-storey dwelling house with basement parking and swimming pool at 3 Elphinstone St, Cabarita subject to the conditions of consent in an Annexure A. Catchwords: DEVELOPMENT APPLICATION – dwelling house – conciliation conference – agreement between parties 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 No 55—Remediation of Land Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) The City of Canada Bay Development Control Plan Category: Principal judgment Parties: Michael Habib (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: S Kaoutarani (Applicant) C Sorenson (Respondent)