Made Property (NSW) Pty Limited v City of Canada Bay Council [2023] NSWLEC 1120

Land and Environment Court New South Wales

Medium Neutral Citation: Made Property (NSW) Pty Limited v City of Canada Bay Council [2023] NSWLEC 1120 Hearing dates: Conciliation conference on 19 December 2022, 16 January 2023: final submissions on 9 March 2023 Date of orders: 16 March 2023 Decision date: 16 March 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away in the agreed sum of $12,000 pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No. DA2022/0116 for demolition of existing buildings and construction of residential flat building at 134A to 140 Tennyson Road, Mortlake is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: residential apartment development in R1 General Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 2003 Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 6.1, 6.2, 6.10, 6.11 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 3, 29, 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.19, 10.20, 10.22, 10.24, Ch 10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Qquality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Planning and Environment, Apartment Design Guide Category: Principal judgment Parties: Made Property (NSW) Pty Limited (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor) (Respondent)