Antoniades Architects Pty Ltd v Canada Bay City Council [2014] NSWLEC 1019

Land and Environment Court New South Wales

Medium Neutral Citation: Antoniades Architects Pty Ltd v Canada Bay City Council [2014] NSWLEC 1019 Hearing dates: 29, 30 January 2014, 5 February 2014 Decision date: 11 February 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application No 327/2013 for the demolition of all existing improvements and the construction of a mixed retail/residential development at 162-166 Victoria Road and 69 Renwick Street, Drummoyne is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the construction of a mixed retail/residential development - breach of height and FSR standards and whether the variations are acceptable - unacceptable impact on the nearby heritage conservation areas - noise Legislation Cited: Canada Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Cases Cited: Hooker Corporation Pty Limited v Hornsby Shire Council (unreported, 2 June 1986) Cripps J Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: Antoniades Architects Pty Ltd (Applicant) Canada Bay City Council (Respondent) Representation: Mr I Hemmings SC (Applicant) Mr P Jackson, solicitor (Respondent) Beatty Legal Pty Ltd (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10808 of 2013