Tarabay v City of Canada Bay Council [2021] NSWLEC 1193

Land and Environment Court New South Wales

Medium Neutral Citation: Tarabay v City of Canada Bay Council [2021] NSWLEC 1193 Hearing dates: Conciliation conference on 25 March 2021 Date of orders: 27 April 2021 Decision date: 27 April 2021 Jurisdiction: Class 1 Before: Rappoport AC Decision: The Court orders that: (1) The Applicant is granted leave to amend development application DA 2019/0119 and to rely upon the amended plans and documents listed in Condition 1 of Annexure "A" hereto. (2) The appeal is upheld. (3) Development Application DA 2019/0119 for the demolition of the existing dwelling and all ancillary structures and the construction of a two (2) storey dwelling with basement parking accessed from Market Street, new in-ground swimming pool and associated landscaping at 2 Gipps Street, Drummoyne, in accordance with amended architectural plans REV.E dated 18 March 2021 and amended engineering drawings dated 16 March 2021 – both contained in Annexure "B". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between parties – orders – conditions – construction Legislation Cited: Canada Bay Local Environmental Plan 2013 cll 2.3, 4.3, 4.4, 6.1, 6.2, 6.13 Coastal Management Act 2016 ss 5, 11, Sch 2, cl 4 Environmental Planning and Assessment Act 1979 s 8.7, Sch 1, cl 23 Environmental Planning and Assessment Regulation 2000 cl 49 Land and Environment Court Act 1979 ss 34, 34AA, 39 State Environment Planning Policy (Building Sustainability BASIX Index: 2004) State Environmental Planning Policy (Coastal Management) 2018 cll 4, 15, 16 State Environmental Planning Policy No 55 – Remediation of Land cl 7 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Regional Environmental Plan (Sydney Harbour Catchment) 2005 cll 3, 17 and 29 Cases Cited: Lu v Walding (No 2) [2021] NSWLEC 21 Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724 Texts Cited: Australian Standard AS 2021:2015 Acoustics—Aircraft noise intrusion—Building siting and construction City of Canada Bay Council's Community Participation Plan 2019 Parramatta River Estuary Coastal Zone Management Plan Category: Principal judgment Parties: Janelle Tarabay (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: S Patterson (Applicant) S Puckeridge (Respondent)