NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Brunswick Project Developments Pty Ltd v City of Canada Bay [2016] NSWLEC 1531 Hearing dates: Hearing 27, 28 October 2016 Date of orders: 11 November 2016 Decision date: 11 November 2016 Jurisdiction: Class 1 Before: Dickson, C Decision: (1) The appeal is dismissed. (2) Development application DA/2015/0014 for the demolition of existing structures and construction of a four storey mixed use development and associated basement parking at 375A and 377 Concord Road, Concord West is refused for the reasons detailed in this judgement. (3) The exhibits are returned with the exception of Exhibit 1, D and E. Catchwords: DEVELOPMENT APPEAL: Exceedance of Building Height Standard – sufficiency of cl 4.6 Variation – achievement of SEPP 65 design principles – appropriateness of ground floor commercial – compatibility with streetscape Legislation Cited: Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
Land and Environment Court Act 1979
State Environmental Planning Policy 55 - Remediation of Land
State Environmental Planning Policy 65: Design Quality of Residential Apartment Development
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
Sydney Regional Environmental Plan (Sydney Harbour Catchment) Cases Cited: Bates Smart Pty Ltd v Council of the City of Sydney [2014]NSWLEC1001
Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191
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