Provident Homes Pty Ltd v Bayside Council [2021] NSWLEC 1011

Land and Environment Court New South Wales

Medium Neutral Citation: Provident Homes Pty Ltd v Bayside Council [2021] NSWLEC 1011 Hearing dates: 13-14 October 2020, final documentation filed 22 October 2020 Date of orders: 12 January 2021 Decision date: 12 January 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application No. 2019/88 for a boarding house at 19 Valda Avenue Arncliffe is refused. (3) The exhibits are returned with the exception of Exhibits U, V, W and 2. Catchwords: DEVELOPMENT APPLICATION – boarding house – initial development in precinct up-zoned from low density to high density residential – design excellence – relationship with public reserve – street activation – relationship with adjacent site and its future development prospects Legislation Cited: Environmental Planning and Assessment Act 1979 Rockdale Local Environmental Plan State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Apartment Design Guide Land and Environment Court, COVID-19 Pandemic Arrangements Policy (March or July 2020) Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Provident Homes Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: J Smith (Applicant) M Staunton (Respondent)