Chan v City of Canada Bay Council [2021] NSWLEC 1782

Land and Environment Court New South Wales

Medium Neutral Citation: Chan v City of Canada Bay Council [2021] NSWLEC 1782 Hearing dates: Conciliation conference on 12, 26 October, 9, 19 November and 2 December 2021, final agreement filed 7 December 2021 Date of orders: 21 December 2021 Decision date: 21 December 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend DA2021/0146 and to rely upon the amended documents and plans set out in Condition 1 of Annexure A. (2) Pursuant to Section 8.15(3) of the EPA Act, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in such amount as may be agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application DA2021/0146 (as amended) for the demolition of the existing dwelling and construction of a three-storey boarding house with eight boarding rooms and manager's residence above basement parking for five cars, two motorcycles and two bicycles, and associated engineering and landscaping works, at 97 St Georges Crescent in Drummoyne, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 5.10, 6.1, 6.13 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 28, 29, 30A, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Schedule 7, cl 10 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) Category: Principal judgment Parties: See Ching Chan (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)