NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hassarati v City of Canada Bay Council [2024] NSWLEC 1068 Hearing dates: Conciliation Conference 12 December 2023 Date of orders: 22 February 2024 Decision date: 22 February 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA2023/0004 for construction of a masonry retaining wall along the northern boundary dividing No. 43 and No. 45 Dorking Road and the erection of a dividing fence subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – masonry retaining wall and dividing fence – foreshore area– compatibility with surrounding area – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.28 and sch 6 Canada Bay Local Environmental Plan 2013 Cases Cited: Meriton v Sydney City Council [2004] NSWLEC 313 Super Studio v Waverley [2004] NSWLEC 91 Category: Principal judgment Parties: Jason Napoleon Hassarati (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: P Tomasetti (Applicant) R McCulloch (Solicitor)(Respondent)
Solicitors: CKSD Lawyers (Applicant) Pikes and Verekers Lawyers (Respondent) File Number(s): 2023/206793 Publication restriction: No
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