Munoz v City of Canada Bay Council [2021] NSWLEC 1170

Land and Environment Court New South Wales

Medium Neutral Citation: Munoz v City of Canada Bay Council [2021] NSWLEC 1170 Hearing dates: Conciliation conference on 1 March 2021 Date of orders: 08 April 2021 Decision date: 08 April 2021 Jurisdiction: Class 1 Before: Rappoport AC Decision: The Court orders that: (1) The Applicants are granted leave to amend development application DA 2020/0027 and to rely upon the amend plans and documents listed in Condition 1 of Annexure "A" hereto. (2) The appeal is upheld. (3) Development Application DA2020/0027 for the internal alterations to the existing dwelling, the construction of a new two storey addition at the rear, new basement level car parking, living space, utility rooms, conservation works, new and relocated swimming pool, new and relocated tennis court and associated site works and landscaping is approved subject to the consolidated conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – heritage conservation – heritage conservation area – alterations and additions – conciliation conference – agreement between parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013 cll 4.3, 5.10 Environmental Planning and Assessment Act 1979 s 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Australian Standard AS 2021:2015 Australian Standard AS 1668.2-2012 Category: Principal judgment Parties: Alessandra Munoz (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)