Leice Pty Ltd v City of Canada Bay Council [2021] NSWLEC 1627

Land and Environment Court New South Wales

Medium Neutral Citation: Leice Pty Ltd v City of Canada Bay Council [2021] NSWLEC 1627 Hearing dates: 22 – 24 September 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA/2020/0269 for demolition of existing structures and construction of a mixed use development comprising part 10, part 17 and part 18 storey building with 201 residential units, ground floor retail and a basement containing 221 parking spaces at 2-10 Leicester Avenue, Strathfield is approved subject to the conditions of consent at Annexure A. (3) The exhibits are returned with the exception of Exhibits A, F, J, K, L and 8. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a mixed use development – amended development application – whether the proposed height of the building is acceptable – whether the development complies with the relevant setback controls – whether the proposed apartments have appropriate amenity – contamination – appeal upheld. Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 5.1, 6.2, 6.11, 19 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 50, 55 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, Sch 1, cl 30 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 45, 86 Water Management Act 2000 Texts Cited: Apartment Design Guide Canada Bay Development Control Plan 2013 Macquarie Dictionary 8th Edition Strathfield Triangle Development Control Plan 2014 Category: Principal judgment Parties: Leice Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Cottom (Solicitor) (Respondent)