Halasagi v City of Canada Bay Council [2026] NSWLEC 1609
Before: Harding 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) by Vinay Halasagi (the Applicant) against the refusal of Modification Application Number MOD2025/0007. The modification application was lodged with the City of Canada Bay Council (the Respondent) on 28 January 2025 and was subsequently determined by way of refusal on 22 January 2026. The modification application sort to modify the Development Consent, granted by the Respondent on 23 October
Catchwords
Modification Application – amended plans – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Consent No DA/2023/0219 for the demolition of the existing dwelling and associated structures, and construction of a new dwelling with car parking and landscaping on land legally described as Lot C in Deposited Plan 379223 known as 131 Henley Marine Drive, Drummoyne NSW 2047, is modified in the terms set out in Annexure “A”. (3) Development Consent No DA/2023/0219, as modified by the Court, is Annexure “B”.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.9 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Canada Bay Local Environmental Plan 2013 Environmental Planning and Assessment Regulation 2021 (NSW), s113
Read the full judgment
Authoritative text on NSW Caselaw · ~9k words
Related decisions
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
Henry Fraser Pty Ltd v Northern Beaches Council [2026] NSWLEC 1382
Northern Beaches Council · 30 June 2026
132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Wollongong City Council · 30 June 2026
Thiyagalingam v Inner West Council [2026] NSWLEC 1393
Inner West Council · 30 June 2026
Encore Australia Management Pty Ltd v Georges River Council [2026] NSWLEC 1396
Georges River Council · 30 June 2026