Akbal v City of Canada Bay Council [2023] NSWLEC 1237

Land and Environment Court New South Wales

Medium Neutral Citation: Akbal v City of Canada Bay Council [2023] NSWLEC 1237 Hearing dates: 1 and 2 February 2023 Date of orders: 18 May 2023 Decision date: 18 May 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application no 2021/0266 for demolition of structures and construction of a three-storey dwelling including basement parking and swimming pool (the Proposed Development) at 29 Lenore Street, Russell Lea is determined by granting consent to the application subject to the conditions in Annexure A. (3) All Exhibits are retained. Catchwords: DEVELOPMENT APPEAL – residential development – demolition and construction – local character and streetscape – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 6.1, 6.2 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 10, Pts 10.2, 10.3, s 10.9 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, s 4.6 Cases Cited: Big Property Group Pty Ltd v Randwick City Council [2021] NSWLEC 1161 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: City of Canada Bay Development Control Plan 2017 City of Canada Bay Development Control Plan 2022 Category: Principal judgment Parties: Ali Cem Akbal (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) K Mortimer (Solicitor)(Respondent)