Eastern Pacific Design & Construct Pty Ltd v Bayside Council [2021] NSWLEC 1030

Land and Environment Court New South Wales

Medium Neutral Citation: Eastern Pacific Design & Construct Pty Ltd v Bayside Council [2021] NSWLEC 1030 Hearing dates: Conciliation conference on 18 December 2020 Date of orders: 15 January 2021 Decision date: 15 January 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans and documents listed in condition 2 of the General Conditions of Consent. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in the sum of $18,000.00 within 21 days of the date of these orders. (3) The Applicant's written request pursuant to clause 4.6 of Rockdale Local Environmental Plan 2011 seeking to justify the breach of the maximum height development standard pursuant to clause 4.3 of Rockdale Local Environmental Plan 2011 prepared by Think Planners Pty Ltd dated 22 October 2020 is upheld. (4) The Applicant's written request pursuant to clause 4.6 of Rockdale Local Environmental Plan 2011 seeking to justify the breach of the maximum floor space ratio development standard pursuant to clause 4.4 of Rockdale Local Environmental Plan 2011 prepared by Think Planners Pty Ltd dated 22 October 2020 is upheld. (5) The appeal is upheld. (6) Development Application No. DA-2019/398, lodged on 4 November 2019, for the demolition of existing lots and construction of a 5-storey mixed used development comprising of 45 units, 3 commercial tenancies and a two-level basement with carparking spaces at 262-270 Rocky Point Road, Ramsgate is approved subject to conditions annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy No 65 —Design Quality of Residential Apartment Development Category: Principal judgment Parties: Eastern Pacific Design & Construct Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: P Jayne (Solicitor) (Applicant) A Epstein (Solicitor) (Respondent)