Hyside 34 Leicester Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1286

Land and Environment Court New South Wales

Medium Neutral Citation: Hyside 34 Leicester Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1286 Hearing dates: Conciliation conference on 1 and 23 February 2022 and 4 March 2022 Date of orders: 03 June 2022 Decision date: 03 June 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: 1) The Applicant's written clause 4.6 request to vary the permitted height standard pursuant to Clause 4.3 of the Canada Bay Local Environmental Plan 2013, dated March 2022 is upheld. 2) The Applicant is granted leave to amend Development Application No. DA2021/0089 and rely upon the following amended plans and documents, which are referenced in Condition 1 of Schedule B at Annexure 'A'. 3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent as agreed or assessed. 4) The appeal is upheld. 5) Consent is granted to Development Application DA2021/0089 for the demolition of existing structures, amalgamation of lots and the construction of a five (5) storey residential flat building with 35 apartments above basement and car park, at 30 - 34 Leicester Avenue, Strathfield, and demolition of certain structures and construction of part of a private road upon 36 Leicester Avenue, Strathfield, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 2.7, 4.1A, 4.3, 4.6, 6.1, 6.2, 6.11 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979, s 34 Local Land Services Act 2013, s60O(a) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 8.1 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Category: Principal judgment Parties: Hyside 34 Leicester Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)