Loi v City of Canada Bay Council [2023] NSWLEC 1045

Land and Environment Court New South Wales

Medium Neutral Citation: Loi v City of Canada Bay Council [2023] NSWLEC 1045 Hearing dates: Conciliation conference on 5 December 2022, 6 December 2022 and 25 January 2023. Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application number DA2022/0016, as amended, for alterations and first floor additions to existing dwelling on land identified as Lot 20 in Deposited Plan 663430 and known as 13 Collingwood Street, Drummoyne NSW 2047, be granted by way of consent subject to the conditions at Annexure A. Catchwords: MODIFICATION APPLICATION – single storey dwelling – first floor addition – streetscape – heritage – conciliation – agreement between parties - agreement between the parties – orders Legislation Cited: City of Canada Bay Local Environmental Plan 2013 cll 1.2, 2.3, 4.3, 4.4, 5.10, 6.1, 6.2, 6.13, Sch 5 Pts 1 and 2 Environmental Planning and Assessment Act 1979 ss 1.3, 4.12, 4.15, 4.16,4.55, 8.7, 8.11 Environmental Planning and Assessment Regulation 2000 cll 49, 55, 113 Land and Environment Court Act 1979 ss 17, 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Texts Cited: City of Canada Bay Community Participation Plan City of Canada Bay Development Control Plan 2017 Category: Principal judgment Parties: James Arthur Loi (First Applicant) My Hao Luong (Second Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicants) R McCulloch (Solicitor) (Respondent)