Defence Housing Authority v Canada Bay City Council [2004] NSWLEC 280

Land and Environment Court of New South Wales

CITATION : Defence Housing Authority v Canada Bay City Council [2004] NSWLEC 280 APPLICANT Defence Housing Authority PARTIES : RESPONDENT Canada Bay City Council FILE NUMBER(S) : 10129 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- consent orders - demolition of dwellings - residential flat buildings - density - setbacks open space - trees and overshadowing.

LEGISLATION CITED: Environmental Planning and Assesment Act; s 97 CASES CITED: DATES OF HEARING: 10/05/04 EX TEMPORE 05/10/2004 JUDGMENT DATE :

APPLICANT Mr S Austin, Q C SOLICITORS Piper Alderman LEGAL REPRESENTATIVES: RESPONDENT Mr D Baird, solicitor SOLICITORS Maddocks

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10129 of 2004 Bly C 10 May 2004 Defence Housing Authority Applicant

v Canada Bay City Council Respondent Judgment

1. In this matter the parties have invited the Court to make consent orders in relation to the development of the property at 84-86 Consett Street in Concord West. That development comprises the demolition of two dwellings, removal of a number of trees, and the construction of two residential flat buildings above a common basement, which development provides for 7 three-bedroom dwellings. The basement is to contain fourteen resident parking spaces plus two visitor car spaces, which are accessed via a ramp adjacent to the northern boundary of the site.