Al Maha Pty Ltd v Canada Bay City Council [2013] NSWLEC 1057

Land and Environment Court New South Wales

Medium Neutral Citation: Al Maha Pty Ltd v Canada Bay City Council [2013] NSWLEC 1057 Hearing dates: 14 and 20 March 2013 Decision date: 08 April 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application (307/2012/10) for alterations and additions to an approved mixed use development at 29-33 Cooper Street and 9 Hilts Road, Strathfield, is refused. 3. The exhibits may be returned Catchwords: DEVELOPMENT APPLICATION - alterations and additions to an approved mixed use building. Impact of height and bulk. Whether SEPP 1 objection well founded. Legislation Cited: Concord Planning Scheme Ordinance Environmental Planning and Assessment 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 1 - Development Standards State Environmental Planning Policy No 32 - Urban Consolidation (Redevelopment of Urban Land) State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings Cases Cited: Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Humphrey & Edwards v City of Sydney [2009] NSWLEC 1075 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Waverley Council v C M Hairis Architects [2002] NSWLEC 180 Wehbe v Pittwater Council [2007] NSWLEC 827 Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Al Maha Pty Ltd (Applicant)