Mahathevan v City of Canada Bay Council [2022] NSWLEC 1213

Land and Environment Court New South Wales

Medium Neutral Citation: Mahathevan v City of Canada Bay Council [2022] NSWLEC 1213 Hearing dates: Conciliation conference on 13 April 2022 Date of orders: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA2021/0108 for demolition of existing structures and the erection of a two-storey dwelling with basement, in ground swimming pool and fencing on land legally comprising of the allotment described as Lot A DP320535, known as 38 Salt Street, Concord is determined by the granting of consent subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – dwelling house development – conciliation conference – agreement between the parties - orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 5.10, 6.1, 6.2, Sch 5 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Category: Principal judgment Parties: Mahinthan Mahathevan (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)