NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Richetti v City of Canada Bay Council [2025] NSWLEC 1057 Hearing dates: 20 January 2025 Date of orders: 03 February 2025 Decision date: 03 February 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA2024/0074 for alterations and additions to an existing dwelling house for a screened first floor balcony located at the rear of the property at 12 Preston Avenue, Five Dock, is determined by the grant of consent, subject to conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to dwelling house in R2 Low Density Residential zone – agreement between parties – conciliation conference - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Canada Bay Local Environmental Plan 2013, cll 4.3, 4.5, 6.1, 6.14 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.28, Pt 6.3 Texts Cited: City of Canada Bay Development Control Plan Category: Principal judgment Parties: Gwenyth Richetti (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)
Solicitors: Storey & Gough (Applicant) Pike & Verekers (Respondent) File Number(s): 2024/330656 Publication restriction: Nil
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