Tarabay v City of Canada Bay Council [2021] NSWLEC 1193

Tarabay v City of Canada Bay Council [2021] NSWLEC 1193

The amended development application, as agreed between parties, complies with all applicable statutory and planning controls; the Court, under its jurisdiction, must uphold the appeal and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
27 April 2021
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders and Decision
Outcome
Appeal upheld, development application approved subject to conditions and amended plans.
Legal Topics
['development Application' 'conciliation Conference' 'conditions of Consent' 'local Environmental Plan' 'coastal Management' 'remediation of Land' 'building Sustainability Index' 'sydney Harbour Catchment']
['planning and Environment'] ['development Application' 'conciliation Conference' 'conditions of Consent' 'local Environmental Plan' 'coastal Management' 'remediation of Land' 'building Sustainability Index' 'sydney Harbour Catchment']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders and Decision

Legal Issues

  1. 1 ['Whether amended development application DA 2019/0119 should be granted consent for demolition, new dwelling construction, basement parking, swimming pool at 2 Gipps Street, Drummoyne' 'Compliance with planning controls—height, FSR, aircraft noise, contamination, coastal management, sustainability certification, community notification']

Ratio Decidendi

The amended development application, as agreed between parties, complies with all applicable statutory and planning controls; the Court, under its jurisdiction, must uphold the appeal and grant development consent subject to conditions.

Court Disposition

Appeal upheld, development application approved subject to conditions and amended plans.

Orders

  • ["The Applicant is granted leave to amend development application DA 2019/0119 and to rely upon the amended plans and documents listed in Condition 1 of Annexure 'A'." 'The appeal is upheld.' 'Development Application DA 2019/0119 for demolition of the existing dwelling and construction of a two storey dwelling with...