Zada v Canterbury-Bankstown Council [2022] NSWLEC 1576

Land and Environment Court New South Wales

Medium Neutral Citation: Zada v Canterbury-Bankstown Council [2022] NSWLEC 1576 Hearing dates: Conciliation conference on 10 and 11 October 2022 Date of orders: 21 October 2022 Decision date: 21 October 2022 Jurisdiction: Class 1 Before: Gray C Decision: The court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA-198/2022 for the demolition of existing structures, construction of a new dwelling house with a basement, swimming pool, cabana and boatshed at 35 Burbank Avenue, East Hills subject to the conditions in Annexure A. Catchwords: APPEAL – development application – dwelling house and boat shed – breach of wall height development standard – conciliation conference – agreement reached Legislation Cited: Bankstown Local Environmental Plan 2015 cll 4.3, 4.6, 5.21, 6.2, 6.5 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.18, 8.7 Environmental Planning and Assessment Regulation 2021 cll 27, 37, 38 Land and Environment Court Act 1979, s 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 Pts 11, 11.2 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Category: Principal judgment Parties: Andrew Zada (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: J Hones (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)