Beresford Property Development Pty Ltd v City of Canada Bay [2015] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Beresford Property Development Pty Ltd v City of Canada Bay [2015] NSWLEC 1118 Hearing dates: 17 April 2015 Date of orders: 24 April 2015 Decision date: 24 April 2015 Jurisdiction: Class 1 Before: Hussey AC Decision: Consent orders: 1. The Applicant is granted leave to amend the development application and rely upon the amended plans referred to in condition DAGCA01 of annexure "A" hereto. 2. The applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the sum of $10,000.00 within 28 days. 3. The appeal is upheld. 4. Development Application No. 297/2014 seeking approval for demolition of existing structures and construction of a new boarding-house comprising basement carparking, and 3 levels of accommodation at 11 Stuart Street, Concord West is approved subject to the conditions set out in Annexure "A. 5. Each party pay its own costs. 6. The exhibits be returned except for A, 2, 3, 4 and 6. Catchwords: Development application; Boarding house, compatibility with the character of the area, bulk and scale, landscaped area, solar access/amenity, privacy, traffic and parking. Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing ) 2009 (AHSEPP). State Environmental Planning Policy No 65 – Design Quality of Residential Flat development. State Environmental Planning Policy No 55 – Remediation of Land. BASIX Canada Bay LEP 2013 (CBLEP); Section 94 Developer Contributions Plan. Canada Bay Development Control Plan 2013. Cases Cited: Panarea Investments Pty Ltd v Manly Council 2015 NSWLEC 1026 Category: Principal judgment Parties: Beresford Property Development Pty Ltd (Applicant) Canada Bay Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant)