Project Xander Land Pty Ltd ATF Project Xander Land Trust v City of Canada Bay Council [2022] NSWLEC 1073

Land and Environment Court New South Wales

Medium Neutral Citation: Project Xander Land Pty Ltd ATF Project Xander Land Trust v City of Canada Bay Council [2022] NSWLEC 1073 Hearing dates: Conciliation conference on 25 November 2021 and 21 December 2021 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: 1) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. 2) The Applicant's amended written request under clause 4.6 of the Canada Bay Local Environmental Plan 2013 (LEP), prepared by Plan Urban Services Pty Limited dated 10 December 2021 seeking a variation of the development standard for height under clause 4.3 of the LEP, is upheld. 3) The appeal is upheld. 4) Development consent is granted to development application DA2020/0349 for the demolition of an existing dwelling and construction of a residential flat building containing 3 units and a strata subdivision at 76B St George Crescent, Drummoyne subject to the conditions of consent in Annexure A. 5) The Respondent is directed to register the Development Consent on the NSW Planning Portal in accordance with s. 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days of the date of these orders. 6) The Respondent is to publish a notice of the development consent granted in relation to DA2020/0349 on its website in accordance with cl 124 of the EPA Regulation within 14 days from the date of this order Catchwords: DEVELOPMENT APPLICATION – residential flat building (3 apartments) –– cl 4.6 variation to height standard ­–– development on environmentally sensitive land –– conciliation conference –– agreement between the parties –– orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 2.6, 2.7, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4 Coastal Management Act 2016, s 5 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.14 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cll 4, 13, 14, 15, 16, Sch 3 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 4 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 16, 20, 21, 25, 26, 27A, 27B,, 29, 63, Pt 3, Pt 6, Div 2 Texts Cited: Ku-ring-gai Council v Bunnings Properties Pty Ltd (2019) 236 LGERA 35; [2019] NSWCA 28 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Parramatta River Estuary Coastal Zone Management Plan, June 2012 Category: Principal judgment Parties: Project Xander Land Pty Ltd ATF Project Xander Land Trust (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) K Mortimer (Solicitor) (Respondent)