Hyside Projects Subthree Pty Ltd v City of Canada Bay Council No 2 [2022] NSWLEC 1122

Land and Environment Court New South Wales

Medium Neutral Citation: Hyside Projects Subthree Pty Ltd v City of Canada Bay Council No 2 [2022] NSWLEC 1122 Hearing dates: 9, 10 and 30 September 2021 Date of orders: 09 March 2022 Decision date: 09 March 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Appeal is upheld. (2) The applicant's written request pursuant to cl 4.6 of the Canada Bay Local Environmental Plan 2013 seeking to justify the contravention of the development standard in cl 4.3 of the Canada Bay Local Environmental Plan 2013 is upheld. (3) Development Application No 2020/0247 seeking consent for the erection of a residential flat building containing 99 apartments, site preparation including demolition, excavation, landscaping and other related works at 10 Chapman Street Strathfield, legally described as Lot 62 in DP 1266884 is approved subject to the conditions set out in Annexure "A" to this agreement. (4) Exhibits 4, 5, 12 and 13 to be returned. Catchwords: DEVELOPMENT APPEAL – residential flat building – contravention of maximum building height development standard – bulk and scale – flood planning - apartment design principles – view loss – bicycle parking – waste management - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Canada Bay Local Environmental Plan 2013, cll 4.3, 4.6 Cases Cited: Hyside Projects Subthree Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1062 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)