Marshall v Bayside Council [2020] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: Marshall v Bayside Council [2020] NSWLEC 1248 Hearing dates: 4, 5 and 13 May 2020 Date of orders: 10 June 2020 Decision date: 10 June 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Court grants leave to amend the DA to delete reference to strata subdivision. (2) The appeal is upheld. (3) Development Application 2018/1112 seeks demolition of existing structures, removal of vegetation and construction of a mixed use development comprising a 4 storey (17) offices, cafe and three storey (17) warehouses with parking for 62 spaces on Lot 2 DP 813900, also known as 96A Denison Street, Hillsdale is approved subject to conditions of consent in Annexure A. (4) The exhibits are returned, except exhibits 1, 4, 5, A and B. Catchwords: DEVELOPMENT APPEAL – office and warehouse development – societal risk assessment – reliance on a plan of management to limit population of occupants – emergency management plan to manage risk Legislation Cited: Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Texts Cited: Botany Bay Development Control Plan 2013 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Category: Principal judgment Parties: Shane Marshall (Applicant) Bayside Council (Respondent) Representation: Counsel: N Eastman (Applicant) M Staunton (Respondent)