Ghazi Al Ali Architect Pty Ltd v City of Canada Bay Council [2019] NSWLEC 1573

Land and Environment Court New South Wales

Medium Neutral Citation: Ghazi Al Ali Architect Pty Ltd v City of Canada Bay Council [2019] NSWLEC 1573 Hearing dates: Conciliation conference on 16 October 2019; 31 October 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans and documentation referred to in condition 1 of the conditions of consent contained at Annexure 'A'. (2) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the development application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The Applicant's written request pursuant to clause 4.6 of Canada Bay Local Environmental Plan 2013 prepared by Morphology Design Associates Pty Ltd and dated 7 November 2019 for a contravention of the maximum height development standard imposed by clause 4.3 of the Canada Bay Local Environmental Plan 2013 is upheld. (4) The appeal is upheld. (5) Development application DA 2018/0286 seeking the demolition of existing structures and construction of a boarding house with basement car parking at 9 Stuart Street, Concord West, is approved subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house – height standard non-compliance – cl 4.6 request – conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: Canada Bay Development Control Plan 2017 Category: Principal judgment Parties: Ghazi Al Ali Architect Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) M Cottom (Solicitor) (Respondent)