Abou-Zied v City of Canada Bay Council [2024] NSWLEC 1038

Land and Environment Court New South Wales

Medium Neutral Citation: Abou-Zied v City of Canada Bay Council [2024] NSWLEC 1038 Hearing dates: Conciliation conference on 01 and 02 February 2024 Date of orders: 08 February 2024 Decision date: 08 February 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order. (2) The appeal is upheld. (3) Development Application DA2023/0031 for alterations and additions to an existing dwelling to create an attached two-storey dual occupancy with strata subdivision on land legally identified as Lot 2 in DP 309014, also known as 56 Bowman Street, Drummoyne, is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – dual occupancy – heritage – conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.1A, 4.3, 4.4, 5.10, 6.2, 6.13 and Sch 5 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 2.6, 2.10, and Ch 6, Div 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Category: Principal judgment Parties: Nevill Louis Abou-Zied (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: R White (Applicant) R McCulloch (Solicitor) (Respondent)