Nguyen v City of Canada Bay Council [2021] NSWLEC 1673

Land and Environment Court New South Wales

Medium Neutral Citation: Nguyen v City of Canada Bay Council [2021] NSWLEC 1673 Hearing dates: Conciliation conference on 5, 15, 22 and 26 October 2021 Date of orders: 8 November 2021 Decision date: 08 November 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The class 1 application is upheld; (2) Conditional development consent is granted to development application no. 2020/0020 (as amended) lodged with the Respondent on 30 January 2020 for the demolition of an existing dwelling; construction of a 3 storey dwelling with a swimming pool; and the refurbishment of an existing outbuilding at Lot 3, DP 562366 (No. 23) Preston Avenue, Five Dock, NSW 2046 subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – residential development – conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cl 2.3, 4.6, 5.21, 6.1, 6.2, 6.3 Coastal Management Act 2016, s 5, Schedule 3 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Coastal Management) 2018, cl 4, 13, 14 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 20 – 27, 29, 63 Texts Cited: Parramatta River Estuary Coastal Zone Management Plan Category: Principal judgment Parties: Roland Thanh Dam Nguyen (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) S Puckeridge (Solicitor) (Respondent)