Hayek v City of Canada Bay Council [2023] NSWLEC 1027

Land and Environment Court New South Wales

Medium Neutral Citation: Hayek v City of Canada Bay Council [2023] NSWLEC 1027 Hearing dates: Conciliation conference held on 18 January 2023 Date of orders: 20 January 2023 Decision date: 20 January 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) Leave is granted to the applicant to rely on the amended plans at condition 1 of the conditions of consent, described in Annexure A. (2) The appeal is upheld. (3) The amended written requests made pursuant to clause 4.6 of the Canada Bay Local Environmental Plan 2013 (CBLEP), filed on 14 November 2022, which seeks to vary development standards in clause 4.3 – Height, and clause 4.4 – Floor Space Ratio of the CBLEP, is upheld. (4) Development Application 2021/0096, as amended, for alterations and additions to an existing dwelling on Lot 42 in Deposited Plan 656109, also known as 7 Burnell Street, Drummoyne is determined by grant of consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling - breach in minimum floor space ratio and height development standards – cl 4.6 request for variation of standards - conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 2.3, 4.3, 4.4, 4.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, ss 49, 55 Land and Environment Court Act 1979, s 34, s 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Canada Bay Development Control Plan 2017 Category: Principal judgment Parties: Saif Hayek (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: L Morphett (Solicitor) (Applicant) R McCullouch (Respondent)