Owen v Bayside Council [2020] NSWLEC 1293

Land and Environment Court New South Wales

Medium Neutral Citation: Owen v Bayside Council [2020] NSWLEC 1293 Hearing dates: Conciliation conference 29 June 2020 Date of orders: 10 July 2020 Decision date: 10 July 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 2 of the conditions at Annexure A. (2) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $30,600.00. (3) The appeal is upheld. (4) Development application DA 2019/131 for the demolition of existing structures on site and the construction of a twelve (12) storey residential flat building with 4 retail tenancies, 169 residential units, five (5) basement parking levels and communal open space at podium and mezzanine level at 15-23 Chapel Street, Rockdale is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (State and Regional Development) 2011 Category: Principal judgment Parties: Tony Owen (Applicant) Bayside Council (Respondent) Representation: Counsel: R McCulloch (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)