Penna v City of Canada Bay Council [2023] NSWLEC 1765

Land and Environment Court New South Wales

Medium Neutral Citation: Penna v City of Canada Bay Council [2023] NSWLEC 1765 Hearing dates: Conciliation Conference on 27 July and 6 December 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA No 2021/0132, as amended, for major alterations and additions to an existing dwelling house at 8 Drummoyne Avenue, Drummoyne NSW, being Lot 1 in DP1266285, subject to the conditions of consent set out in Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions – dwelling house – heritage issues -waterfront land – deferred commencement condition – conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 4.6, 5.10, 6.3, 6.4, 6.13, Sch 5, Pt 2 Environmental Planning and Assessment Act 1979, ss 4.16, 4.20, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Chs 6-12, s 10.14 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy Amendment (Water Catchments) 2022 Texts Cited: Standards Australia, AS 2021:2015, Acoustics—Aircraft Noise Intrusion—Building Siting and Construction Category: Principal judgment Parties: Barbara Penna (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) R McCulloch (Solicitor) (Respondent)