NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Frangieh v City of Canada Bay Council [2024] NSWLEC 1436 Hearing dates: 22-23 April 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application No. 2023/0168 for the demolition of the existing dwelling and construction of a new dwelling at 53 Burnell Street Russell Lea is determined by refusal of consent. (3) The exhibits are returned except for A, B, C, 1 and 6. Catchwords: DEVELOPMENT APPLICATION – new dwelling – setbacks – dual frontage - insufficient information – accurate information Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA, 39 Canada Bay Local Environmental Plan 2013 Environmental Planning and Assessment Regulation 2021, s 38 Statement of Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Texts Cited: City of Canada Bay Development Control Plan Category: Principal judgment Parties: Joseph Frangieh (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: F Berglund (Applicant) T Ward (Solicitor) (Respondent)
Solicitors: Harrington Lawyers (Applicant) Pikes and Verekers (Respondent) File Number(s): 2023/306017 Publication restriction: Nil
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