Fan v City of Canada Bay Council [2023] NSWLEC 1316

Land and Environment Court New South Wales

Medium Neutral Citation: Fan v City of Canada Bay Council [2023] NSWLEC 1316 Hearing dates: Conciliation conference on 16 June 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. 2021/0260, seeking consent for the demolition of the existing structures, consolidation of two lots and construction of a two (2) storey boarding house comprising of 30 rooms and a manager's room (31 rooms in total), communal living room, basement carpark and associated site work, at Lot A and Lot B in DP 945900 known as 15-17 Cooper Street, Strathfield NSW 2135, subject to the conditions of consent in Annexure 'A'. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 2.3, 5.10, 6.2, 6.3, 6.12, 6.13 Environmental Planning and Assessment Act 1979, s 4.16 Environmental Planning and Assessment Regulation 2021, s 27 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 29, 30, 30A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Dylan Fan (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: D Tyrell (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)