Lombardi v Bayside Council [2020] NSWLEC 1397

Land and Environment Court New South Wales

Medium Neutral Citation: Lombardi v Bayside Council [2020] NSWLEC 1397 Hearing dates: Conciliation conference on 19 June 2020 Date of orders: 27 August 2020 Decision date: 27 August 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The Applicant is granted leave to rely on the amended plans listed in condition 2 of the conditions at Annexure A to this agreement. (2) The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $10,000 within 28 days of these orders. (3) The appeal is upheld. (4) Development application no. DA 2019/250, as amended, for the demolition of existing structures and construction of a two-storey boarding house comprising 8 single rooms at 9 Fleet Street, Carlton is approved subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a new boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Daniele Lombardi (Applicant) Bayside Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)