NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Theo Alexakis v City of Canada Bay Council [2017] NSWLEC 1343 Hearing dates: 12 and 14 December 2016, 10 January 2017 Date of orders: 18 July 2017 Decision date: 29 June 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: See directions at [91] Catchwords: Development Application: demolition of existing structure; construction of two storey attached dual occupancy dwelling, cl4.6 request to contravene development standard for floor space ratio. Legislation Cited: City of Canada Bay Council Local Environment Plan 2013 Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (SEPP) 55 Cases Cited: Moskovich v Waverley Council [2016] NSWLEC 1015 Schaffer Corp v Hawkesbury City Council (1992) 77 LGRA 21 Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446 Texts Cited: City of Canada Bay Development Control Plan 2012 Managing Land Contamination: Planning Guidelines SEPP 55 - Remediation of Land. Department of Urban Affairs and Planning/Environment Protection Authority (1998) Category: Principal judgment Parties: Theo Alexakis (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel:
S. Berveling (Applicant) T. Bush (Respondent)
Solicitors:
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