Proline Building – Commercial Pty Limited v City of Canada Bay Council [2023] NSWLEC 1380

Land and Environment Court New South Wales

Medium Neutral Citation: Proline Building – Commercial Pty Limited v City of Canada Bay Council [2023] NSWLEC 1380 Hearing dates: Conciliation conference on 3 May 2023 Date of orders: 19 July 2023 Decision date: 19 July 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant shall pay the respondent's costs thrown away by reason of the amendment of the development application pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 in the agreed sum of $7,000 within 28 days of the date of this order. (2) The appeal is upheld. (3) Development consent is granted to development application DA2022/0125 which seeks consent for the demolition of the existing structures and improvements and construction of two 4-storey residential flat buildings containing 48 apartments including basement car parking, remediation and associated landscaping at 40-44 Tennyson Road and 5-15 Bertram Street, Mortlake. Catchwords: APPEAL – development application – residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 6.2, 6.11 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, cll 27, 29, 37, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10, s 6.65 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Proline Building – Commercial Pty Limited (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)