Krumins v City of Canada Bay Council [2023] NSWLEC 1766

Land and Environment Court New South Wales

Medium Neutral Citation: Krumins v City of Canada Bay Council [2023] NSWLEC 1766 Hearing dates: Conciliation conference held 13 November and 1 December 2023. Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA2022/0351 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) The appeal is upheld. (3) Consent is granted to Development Application DA2022/0351 for the demolition of an existing heritage listed dwelling house at 37 Llewellyn Street, Rhodes, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition – heritage item – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, Sch 5, cll 2.1, 2.3, 2.7, 5.10, 6.1, 6.4 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.3, ss 6.6, 6.9, 6.28 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, Divs 2, 3, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: ICOMOS, The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance, 2013 Category: Principal judgment Parties: Indrikis Krumins (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Guy (Solicitor) (Respondent)