Freitas v City of Canada Bay Council [2026] NSWLEC 1415
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Modification Application MOD2025/0139 (the modification application) by the City of Canada Bay Council to modify development consent No DA2025/0062 (the development consent) for demolition of existing structures and construction of a two storey dwelling with basement car parking and associated landscaping and site works on the land at Lot 71 DP 1279222, known as
Catchwords
DEVELOPMENT APPEAL – s34AA – modification application – modification to reinstate roof top screening structure – orders
Outcome
The Court orders that: (1) The Modification Application is approved. (2) Development consent DA2025/0062 is modified in the terms in Annexure A. (3) Development consent DA2025/0062 as modified by the Court is Annexure B. (4) All Exhibits are returned, except for Exhibit B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.55, 8.9 Land and Environment Court Act 1979 (NSW), ss 34, 34AA, 39 Environmental Planning and Assessment Regulation 2021 (NSW), s 113 Canada Bay Local Environmental Plan 2013, cll 2.2, 4.3, 4.4
Read the full judgment
Authoritative text on NSW Caselaw · ~22k words
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