Carl Small v City of Canada Bay Council [2022] NSWLEC 1697

Land and Environment Court New South Wales

Medium Neutral Citation: Carl Small v City of Canada Bay Council [2022] NSWLEC 1697 Hearing dates: 6 and 7 October 2022 Date of orders: 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 1, 3, 4, A and H, are returned. Catchwords: DEVELOPMENT APPLICATION – dwelling house – alterations and additions – heritage item – heritage impacts – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Canada Bay Local Environmental Plan 2013, cll 2.2, 5.10. Sch 5, Pt 1 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) City of Canada Bay Development Control Plan 2017 The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance, 2013 Category: Principal judgment Parties: Carl Small (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) T Ward (Solicitor) (Respondent)