Halasagi v Canada Bay Council [2024] NSWLEC 1670

Land and Environment Court New South Wales

Medium Neutral Citation: Halasagi v Canada Bay Council [2024] NSWLEC 1670 Hearing dates: Conciliation conference 1,2 October 2024 Date of orders: 23 October 2024 Decision date: 23 October 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA/2023/0219 for the demolition of the existing dwelling and associated structures, and construction of a new dwelling with car parking and landscaping on land legally described as Lot C in Deposited Plan 379223 known as 131 Henley Marine Drive, Drummoyne NSW 2047 subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new residential dwelling – conciliation conference – amended plans – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Fisheries Management Act 1994 Land and Environment Court Act 1979, ss 34, 34AA Protection of the Environment Operation Act 1997 Water Management Act 2000 Canada Local Environmental Plan 2013, cll 2.10, 2.11, 4.3, 4.4, 6.2, 6.3, 6.13 Environmental Planning and Assessment Regulations 2021, ss 23, 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 4.6, 2.11, 2.12, 2.13 State Environmental Planning Policy (Transport and Infrastructure) 2007, cl 45 Texts Cited: Australian Standard Acoustics: Aircraft noise intrusion: Building siting and construction Canada Bay Development Control Plan Category: Principal judgment Parties: Vinay Halasagi (Applicant) City of Canada Bay (Respondent) Representation: Counsel: J Smith (Applicant) K Mortimer, solicitor (Respondent)