Bavaro v City of Canada Bay Council [2026] NSWLEC 1725
Before: Creagh AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application 2025/0008 (the application) by City of Canada Bay Council (Council), being for the demolition of the dwelling and other structures at 36 Clermont Avenue, Concord (Lot 38, DP 8972) (the site) and the construction of a replacement two storey dwelling with double garage and associated landscaping. As required by s 34AA(2) of the Land and Environmen
Catchwords
DEVELOPMENT APPLICATION – demolition of a local heritage item – detrimental impact on the heritage significance of the item
Outcome
The Court orders that: (1) The appeal is dismissed. (2) Development consent for DA2025/0008, for the demolition of existing structures, including a local heritage item, at 36 Clermont Avenue, Concord and construction of a new two-storey dwelling with attached garage and associated landscaping works is refused. (3) All Exhibits are returned, except A, B, D, F, 2, 3.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.3, 1.4, 1.5, 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34AA Canada Bay Local Environmental Plan 2013, cll 1.2, 2.1, 2.2, 2.3, 2.7, 5.10, Sch 5
Read the full judgment
Authoritative text on NSW Caselaw · ~45k words
Related decisions
Osgood Development Pty Ltd v City of Canada Bay Council [2026] NSWLEC 1644
City of Canada Bay Council · 29 September 2026
Prosper Land St Georges Crescent Drummoyne Pty Limited v City of Canada Bay Council [2026] NSWLEC 1628
City of Canada Bay Council · 24 September 2026
Halasagi v City of Canada Bay Council [2026] NSWLEC 1609
City of Canada Bay Council · 17 September 2026
Freitas v City of Canada Bay Council [2026] NSWLEC 1415
City of Canada Bay Council · 07 July 2026
Pivotal Planning Pty Ltd v Wingecarribee Shire Council [2026] NSWLEC 1614
Wingecarribee Shire Council · 31 August 2026
Prosker Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1648
Mosman Municipal Council · 30 September 2026