Magro & Anor v City of Canada Bay [2012] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: Magro & Anor v City of Canada Bay [2012] NSWLEC 1082 Hearing dates: 5 March 2012 Decision date: 07 March 2012 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to revised plans and conditions Catchwords: DEVELOPMENT APPLICATION - extension of a balcony; issues of bulk, scale and privacy Legislation Cited: Land and Environment Court Act 1979 Canada Bay Local Environmental Plan 2008 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: D & A Magro (Applicants) City of Canada Bay (Respondent) Representation: Applicants: Mr P Clay SC Respondent: Mr P Jackson (Solicitor) Applicants: Caldwell & O'Brien Solicitors Respondent: Pikes Lawyers File Number(s): 11169 of 2011

Judgment 1COMMISSIONER: Mr and Mrs Magro have appealed to the Court against the City of Canada Bay Council's refusal of a development application (No. 405/2011) for a first floor balcony at the rear of their dwelling at 43 Rickard Street Five Dock. 2The matter commenced on site as a mandatory conciliation conference under s 34AA of the Land and Environment Court Act 1979 (Court Act). The site was inspected and the proposed works explained. A number of residents from neighbouring properties voiced their concerns about the proposal. Most, if not all, of the residents who spoke had made written submissions to council. The site was inspected from the two adjoining properties to the east. 3As no agreement was reached, the matter proceeded to a hearing under s 34AA(2)(b)(i) of the Court Act.