Agliozzo v City of Canada Bay Council [2024] NSWLEC 1831

Land and Environment Court New South Wales

Medium Neutral Citation: Agliozzo v City of Canada Bay Council [2024] NSWLEC 1831 Hearing dates: Conciliation conferences on 4, 28 November and 4 December 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders: (1) The appeal is upheld. (2) The written request prepared by Andrew Martin Planning made pursuant to clause 4.6 of the Canada Bay Local Environmental Plan 2013 seeking the grant of development consent in contravention of the LEP is upheld. (3) The Development Application DA/2022/0189 as amended is determined by grant of consent for demolition of existing structures and construction of a multi unit residential flat building consisting of seven apartments and one basement level of parking at 43 Walton Crescent, Abbotsford (being Lot 1 in DP125078) subject to the conditions contained at Annexure A. (4) The applicant is to pay the respondent's costs thrown away as a result of the amendment to the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $2,000 within 28 days of these orders being made. Catchwords: DEVELOPMENT APPEAL – multi dwelling housing development – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss , 8.7, 8.15 Land and Environment Court Act 1979 s 34 Canada Bay Local Environmental Plan 2023 cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 2 State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Andrew Agliozzo(First Applicant) Cathy Agliozzo (Second Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: J Cole (Solicitor)(Applicant) S Patterson (Solicitor) (Respondent)