Hyside 15 Chapman Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1155

Land and Environment Court New South Wales

Medium Neutral Citation: Hyside 15 Chapman Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1155 Hearing dates: Conciliation conference on 15 February 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 2021/0192 for the construction of a residential flat building containing 55 apartments, basement carparking, associated site preparation, excavation, landscaping and other related works, at 11-21 Chapman Street, Strathfield, is approved, subject to the conditions of consent at Annexure A. (3) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application pursuant to s 8.15(2) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION — construction of a residential flat building over basement parking — conciliation conference — agreement between the parties — orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 4.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, cl 3, Sch 6 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 4, 28 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Hyside 15 Chapman Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)