NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Kirkham v City of Canada Bay [2013] NSWLEC 1263 Hearing dates: 10 and 11 December 2013 Decision date: 11 December 2013 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)Development consent is granted to development application DA129/2013 lodged on 15 April 2013 for demolition and extension of the existing outdoor carpark at lot DP860469 and lot 16-19 DP4846, being 13 Bevin Avenue, Five Dock, subject to the conditions in exhibit 3, including the additional condition in respect of a further plan of management. (3)The exhibits are to be returned, apart from exhibits A and 3 upon written publication of this judgment. Catchwords: Development application - extension of existing carkpark for a club, development near zone boundaries, permissibility Legislation Cited: Environmental Planning and Assessment Act 1979 Canada Bay Local Environmental Plan 2013 Canada Bay Local Environmental Plan 2008 Cases Cited: Gales-Kingscliff Pty Ltd v Tweed Shire Council (2007) 156 LGERA 389 Category: Principal judgment Parties: Douglas Kirkham (Applicant)
City of Canada Bay (Respondent) Representation: Mr A J Thompson with Mr G L Castellan (Applicant)
Mr A Hudson (Respondent) Ritchie & Castellan (Applicant)
Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10646 of 2013
Extempore - Judgment 1COMMISSIONER: The Canada Bay Club seeks development approval to extend its existing outdoor carpark located at 13 Bevin Avenue Five Dock.
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