Hyside 34 Leicester Pty Ltd v City of Canada Bay Council [2024] NSWLEC 1586

Land and Environment Court New South Wales

Medium Neutral Citation: Hyside 34 Leicester Pty Ltd v City of Canada Bay Council [2024] NSWLEC 1586 Hearing dates: 16-17 April 2024; 28 June 2024; final submissions received 8 July 2024 Date of orders: 23 September 2024 Decision date: 23 September 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed. (2) Development application no. DA 2023/0064 for alterations and additions to the existing development consent DA2021/0089, comprising amendments to the unit mix, and addition of three levels to result in an 8-storey building plus two basement parking levels comprising 53 residential apartments at 30-34 Leicester Avenue, Strathfield is determined by refusal of consent. (3) The exhibits are returned except for A, B, G, H, L, 2 and 6. Catchwords: APPEAL – development application – alterations and additions to existing development consent granted by the Land and Environment Court via an agreement under s 34 of the Land and Environment Court Act 1979 – contravention of height of buildings development standard in cl 4.3 of the Canada Bay Local Environmental Plan 2013 (LEP) – contravention of dwelling mix development standard in cl 6.11 of the LEP – clause 4.6 written requests to justify the contraventions of the development standards in cll 4.3 and 6.11 of the LEP – relevance of withdrawn planning proposal – reservation of part of the site for a laneway to be dedicated or acquired – issue as to whether it has been abandoned Legislation Cited: Conveyancing Act 1919, s 88K Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Canada Bay Local Environmental Plan 2013, cll 4.3, 4.6, 6.11 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Hyside 34 Leicester Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1286 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Waverley Council v Harris Architects (2002) 123 LGERA 100; [2002] NSWLEC 180 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: City of Canada Bay Local Infrastructure Contributions Plan Parramatta Road Corridor Urban Transformation Strategy Strathfield Triangle Development Control Plan Strathfield Triangle Public Domain Plan 2014 Category: Principal judgment Parties: Hyside 34 Leicester Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: T S Hale SC (Applicant) M Staunton (Respondent)