Mike & Shan Pty Ltd v City of Canada Bay Council (No 2) [2022] NSWLEC 1117

Land and Environment Court New South Wales

Medium Neutral Citation: Mike & Shan Pty Ltd v City of Canada Bay Council (No 2) [2022] NSWLEC 1117 Hearing dates: 3-5 November 2021 Date of orders: 02 March 2022 Decision date: 02 March 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request to vary the height development standard at clause 4.3 of the Canada Bay Local Environmental Plan 2013, in accordance with cl 4.6 of the Canada Bay Local Environmental Plan 2013 is upheld. (2) The Applicant's written request to vary the floor space ratio development standard at clause 4.4 of the Canada Bay Local Environmental Plan 2013, in accordance with cl 4.6 of the Canada Bay Local Environmental Plan 2013 is upheld. (3) The Applicant is to pay the Repondent's costs thrown away as assessed or agreed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (4) The appeal is upheld. (5) Development consent for Development Application No DA2020/0161 for a centre-based childcare facility accommodating 159 children, requiring alterations and additions to the Reservoir and the construction of a new building to the east of the site over basement car parking on Lots 13, 14, 15 and 16 in DP 455626 in Drummoyne is granted, subject to conditions at Annexure A. (6) All exhibits are returned except for Exhibits A, B and 9. Catchwords: DEVELOPMENT APPLICATION – Impact of proposed development on State heritage item – Bourketown Heritage Conservation Area – adaptive reuse of water reservoir – centre-based child care facility - child care planning guidelines - Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 4.6 Environmental Planning and Assessment Act 1979, ss 4.16, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Category: Principal judgment Parties: Mike & Shan Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: T To (Applicant) S Puckeridge (Solicitor) (Respondent)