Hyside Projects Subthree Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1062

Land and Environment Court New South Wales

Medium Neutral Citation: Hyside Projects Subthree Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1062 Hearing dates: 9, 10 and 30 September 2021 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court directs that: 1) the Respondent is to file with the Court final, agreed, conditions of consent, reflecting the conclusions of this judgment above at [102]- [130] by no later than midday on 4 March 2022. 2) the matter is listed for mention on 11 March 2022 at 4:15pm; 3) if direction (1) above is complied with, an order will be made granting development consent and the mention on 11 March 2022 will be vacated; 4) the Parties are granted liberty to restore on three days' notice. Catchwords: DEVELOPMENT APPEAL – residential flat building – contravention of maximum building height development standard – bulk and scale – apartment design principles – conditions of consent - orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.1A, 4.3, 4.6 Conveyancing Act 1919, ss 88B, 88E Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 4.53, 6.1, 6.6, 6.7 8.7 Environmental Planning and Assessment Regulation 2000, cl 95 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 9 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings State Environmental Planning Policy (Infrastructure) 2007, cl 86 Cases Cited: Eather v Randwick City Council [2021] NSWLEC 1075 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: City of Canada Bay Development Contributions Plan – Strathfield Triangle NSW Department of Planning and Environment, Apartment Design Guide, July 2015 RTA Guide to Traffic Generating Development, Issue 2.2, October 2002 Strathfield Triangle Development Control Plan 2013 Category: Principal judgment Parties: Hyside Projects Subthree Pty Ltd (Applicant) City of Canada Bay Council (Respondent Representation: Counsel: T Hale SC (Applicant) H Irish (Respondent)