Joukhador v Canterbury City Council [2015] NSWLEC 1027

Land and Environment Court New South Wales

Medium Neutral Citation: Joukhador v Canterbury City Council [2015] NSWLEC 1027 Hearing dates: 9 February 2015 Decision date: 16 February 2015 Jurisdiction: Class 1 Before: Brown C Decision: Directions for amended plans and conditions Catchwords: DEVELOPMENT APPLICATION: demolition of all improvements and the construction of an attached dual occupancy - non-compliance with the minimum 15m lot width, minimum 7.5 m subdivision width and 50% garage door width Legislation Cited: Canterbury Local Environmental Plan 2012 Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75; 121 LGERA 101 Category: Principal judgment Parties: Jason Joukhador (Applicant) Canterbury City Council (Respondent) Representation: Counsel: Jason Joukhador (Applicant) Canterbury City Council (Respondent)

Solicitors: Jaku Legal (Applicant) Marsdens Law Group (Respondent) File Number(s): 10942 of 2014 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal relates to Development Application 400/2013 for the demolition of all improvements and the construction of an attached dual occupancy at 9 Byron Street Campsie (the site). 2. The appeal was subject to mandatory conciliation and arbitration on 9 February 2015 under s 34AA of the Land and Environment Court Act 1979 (the Court Act). As no agreement was reached, the conciliation conference was terminated pursuant to s 34AA(2)(b), and the proceedings dealt with forthwith pursuant to s 34AA(2) b)(i). 3. While the conciliation conference was terminated, matters relating to the location of rubbish bins, the location of the water tanks and pumps and the size of a car parking space were addressed and there was agreement that with the submission of amended plans these were not matters that would warrant the refusal of the application. 4. The outstanding matters following the conciliation conference were: 5. non-compliance with the minimum 15m lot width, 6. non-compliance with the minimum 7.5m subdivision width for a dual occupancy, and 7. non-compliance with the maximum 50% garage door width of building facade.