Krumins v City of Canada Bay Council [2023] NSWLEC 1766

Krumins v City of Canada Bay Council [2023] NSWLEC 1766

The Court was satisfied that the amended development application had owner consent, had been publicly notified with no submissions, was permissible with consent in the R3 Medium Density Residential zone, appropriately addressed heritage, acid sulfate soils, foreshore, coastal, biodiversity, contamination and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da2022/0351 / Proceedings Disposed of After S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to the amended Development Application DA2022/0351 subject to conditions.
Legal Topics
['development Application' 'demolition of Heritage Item' 'tree Removal' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites for Development Consent']
['environmental Planning and Development' 'land and Environment Court Proceedings' 'heritage Conservation'] ['development Application' 'demolition of Heritage Item' 'tree Removal' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites for Development Consent']

Source-derived case record

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da2022/0351 / Proceedings Disposed of After S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could uphold the appeal and grant consent to the amended Development Application DA2022/0351 in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the proposed demolition of the heritage listed dwelling satisfied the relevant planning controls, including cl 5.10 of the Canada Bay Local Environmental Plan 2013.' 'Whether the amended development application appropriately retained more trees and removed no more trees than necessary to facilitate demolition.']

Ratio Decidendi

The Court was satisfied that the amended development application had owner consent, had been publicly notified with no submissions, was permissible with consent in the R3 Medium Density Residential zone, appropriately addressed heritage, acid sulfate soils, foreshore, coastal, biodiversity, contamination and infrastructure planning controls, and reflected the parties' agreement to retain more trees. Because the agreed decision was one the Court could make in the proper exercise of its functions, the appeal was upheld and consent was granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted to the amended Development Application DA2022/0351 subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA2022/0351 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A.' 'The appeal is upheld.' 'Consent is granted to Development Application DA2022/0351 for the demolition of an existing heritage listed dwelling house...