Chan v City of Canada Bay Council [2021] NSWLEC 1088

Land and Environment Court New South Wales

Medium Neutral Citation: Chan v City of Canada Bay Council [2021] NSWLEC 1088 Hearing dates: 3 and 4 February 2021 Date of orders: 24 March 2021 Decision date: 22 February 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court makes the following orders: (1) The appeal is upheld. (2) Modification application MOD2020/0025 of development consent DA2018/0139 for the boarding house at Lot 1 Deposited Plan 902418 known as 97 St Georges Crescent, Drummoyne is determined by approval subject to the conditions in Annexure A. (3) The exhibits other than exhibit 1 are returned. Catchwords: MODIFICATION APPLICATION – consent for boarding house – increase in height sought – improved amenity of some boarding rooms – no additional accommodation – impact on character of the area – reduced overshadowing of adjoining property – impact on views across the site – iconic view – application of Tenacity principles – reasonableness of the proposal Legislation Cited: Canada Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000 cl 122A State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 26, 29 Cases Cited: Chan v City of Canada Bay Council [2019] NSWLEC 1530 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: See Ching Chan (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) S Kondilios (Solicitor) (Respondent)