NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Ayache v Bayside Council [2020] NSWLEC 1295 Hearing dates: 17 and 18 June 2020 Date of orders: 13 July 2020 Decision date: 13 July 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The appeal is dismissed. (2) Development application No. 2018/120 is refused consent. (3) The exhibits, other than Exhibits 3 and G are returned. Catchwords: DEVELOPMENT APPLICATION – affordable rental housing – mixed use development – scale – streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Cornerstone Property Group Pty Ltd v Warringah Council (2004) 139 LGERA 245; [2004] NSWLEC 189 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Texts Cited: Apartment Design Guide Building Code of Australia Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Sam Ayache (Applicant) Bayside Council (Respondent) Representation: Counsel: Dr S Berveling (Applicant) J Antonopoulos (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)
Solicitors: One Group Legal (Applicant) HWL Ebsworth (Respondent) File Number(s): 2019/14920 Publication restriction: No
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