Radice v City of Canada Bay Council [2020] NSWLEC 1090

Land and Environment Court New South Wales

Medium Neutral Citation: Radice v City of Canada Bay Council [2020] NSWLEC 1090 Hearing dates: Conciliation conference on 21 January 2020 Date of orders: 27 February 2020 Decision date: 27 February 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application DA2019/0011 and to rely upon the amended plans and documents listed in Condition 1 of Annexure "A" hereto. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $8,500.00 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development consent for Development Application DA2019/0011 for the construction of a 3 to 5 storey building at the premises known as 189 Victoria Road, Drummoyne, is granted subject to the conditions of consent annexed hereto and marked "A". Catchwords: DEVELOPMENT APPEAL – conciliation conference – boarding house development – 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 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Barry Radice (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Kondilios (Solicitor) (Respondent)