Hyside Projects Subthree Pty Ltd v City of Canada Bay Council No 2 [2022] NSWLEC 1122

Hyside Projects Subthree Pty Ltd v City of Canada Bay Council No 2 [2022] NSWLEC 1122

The appeal is upheld and consent granted as the applicant’s justification for contravening the building height development standard under cl 4.6 is accepted, and the proposed development appropriately addresses planning, environmental, and design concerns subject to agreed conditions including those proposed by...

Source-derived case information.

Parties
Applicant: Hyside Projects Subthree Pty Ltd; Respondent: City of Canada Bay Council
Jurisdiction
Australia
Judgment Date
09 March 2022
Procedural Posture
Development Appeal / Final Orders Following Reasons for Judgment
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Appeal, Contravention of Development Standard, Building Height, Residential Flat Building, Flood Planning, Apartment Design Principles, View Loss, Bicycle Parking, Waste Management
Planning and Environment Development Appeal Contravention of Development Standard Building Height Residential Flat Building Flood Planning Apartment Design Principles View Loss +2 more

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Parties

Hyside Projects Subthree Pty Ltd

Applicant

City of Canada Bay Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Reasons for Judgment

Legal Issues

  1. 1 Whether the development application for a residential flat building should be approved
  2. 2 Whether the contravention of the maximum building height development standard is justified under cl 4.6 of the Canada Bay Local Environmental Plan 2013

Ratio Decidendi

The appeal is upheld and consent granted as the applicant’s justification for contravening the building height development standard under cl 4.6 is accepted, and the proposed development appropriately addresses planning, environmental, and design concerns subject to agreed conditions including those proposed by Sydney Trains.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The Appeal is upheld.
  • The applicant's written request pursuant to cl 4.6 of the Canada Bay Local Environmental Plan 2013 seeking to justify the contravention of the development standard in cl 4.3 of the Canada Bay Local Environmental Plan 2013 is upheld.