Sutherland v City of Canada Bay Council [2024] NSWLEC 1785

Land and Environment Court New South Wales

Medium Neutral Citation: Sutherland v City of Canada Bay Council [2024] NSWLEC 1785 Hearing dates: Conciliation Conference on 17 and 18 September 2024 Date of orders: 05 December 2024 Decision date: 05 December 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) The request pursuant to cl 4.6 of the Canada Bay Local Environmental Plan 2013 to vary the development standard for the floor space ratio control contained within cl 4.4 thereof, as prepared by Sutherland & Associates Planning dated 3 September 2024, is upheld. (3) Development consent is granted to development application No. DA2024/0051 as amended for alterations and additions to an existing dwelling at 2 Lyons Road, Drummoyne, 2047, also legally known as Lots D and E in DP 19157, is approved subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – cl 4.6 variation – views - orders Legislation Cited: Coastal Management Act 2016 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, ss 34, 34AA Canada Bay Local Environmental Plan 2013, cll 2.2, 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pts 6.2, 6.5, ss 6.6, 6.61, 6.62, 6.7, 6.8, 6.9, 6.10, 6.28 State Environmental Planning Policy (Sustainable Building) 2022, Ch 2, s 2.1 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, 4, ss 2.12, 2.13, 4.6 Texts Cited: Canada Bay Development Control Plan 2023 Category: Principal judgment Parties: Aaron Sutherland (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: C Ireland (Applicant) K Mortimer (Solicitor) (Respondent)