SRH Architecture Pty Ltd v City of Canada Bay Council [2025] NSWLEC 1087

Land and Environment Court New South Wales

Medium Neutral Citation: SRH Architecture Pty Ltd v City of Canada Bay Council [2025] NSWLEC 1087 Hearing dates: Conciliation conference 7 February 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application No DA2023/0276 (PAN-392711) pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $8,000.00. Payment is to be made within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA2023/0276 (PAN-392711), for the demolition of existing buildings and construction of a new mixed-use development with 28 residential apartments, 1 commercial premises, basement parking and associated works at 15-25 Hilly Street, Mortlake (Lots 6 and 7 in DP18575, Lot 5 in DP 1161154, Lot 5 in DP1042975, Lot 5 in DP1098885 and Lot 1 in DP81918), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Water Management Act 2000 Canada Bay Local Environmental Plan 2013, cll 2.3, 2.7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.11 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.9, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX)) 2004 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 144, 147, Sch 7A, s 8, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 The City of Canada Bay Development Control Plan 2023 Category: Principal judgment Parties: SRH Architecture Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)