Joukhador v Canterbury City Council

Land and Environment Court New South Wales Medium Neutral Citation: Joukhador v Canterbury City Council [2015] NSWLEC 1027 Hearing dates:9 February 2015Decision date: 16 February 2015 Jurisdiction:Class 1Before: Brown C Decision: Directions for amended plans and conditions Catchwords: DEVELOPMENT APPLICATION: demolition of all improvements and the construction of an attached dual occupancy - non-compliance with the minimum 15m lot width, minimum 7.5 m subdivision width and 50% garage door width Legislation Cited: Canterbury Local Environmental Plan 2012 Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75; 121 LGERA 101 Category:Principal judgmentParties: Jason Joukhador (Applicant) Canterbury City Council (Respondent) Representation: Counsel: Jason Joukhador (Applicant) Canterbury City Council (Respondent) Solicitors: Jaku Legal (Applicant) Marsdens Law Group (Respondent) File Number(s):10942 of 2014Publication restriction:NoJudgment COMMISSIONER: This appeal relates to Development Application 400/2013 for the demolition of all improvements and the construction of an attached dual occupancy at 9 Byron Street Campsie (the site). The appeal was subject to mandatory conciliation and arbitration on 9 February 2015 under s 34AA of the Land and Environment Court Act 1979 (the Court Act). As no agreement was reached, the conciliation conference was terminated pursuant to s 34AA(2)(b), and the proceedings dealt with forthwith pursuant to s 34AA(2) b)(i). While the conciliation conference was terminated, matters relating to the location of rubbish bins, the location of the water tanks and pumps and the size of a...