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Class 1 — Merit appeal City of Canada Bay Council 30 October 2026

Bavaro v City of Canada Bay Council [2026] NSWLEC 1725

Before: Creagh AC · NSW Land and Environment Court

Density / Bulk & ScaleHeritageCharacter / StreetscapeTraffic / ParkingConciliation / AgreementDemolition

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

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