Peric v Bayside Council [2021] NSWLEC 1128

Land and Environment Court New South Wales

Medium Neutral Citation: Peric v Bayside Council [2021] NSWLEC 1128 Hearing dates: 1 December 2020 Date of orders: 15 March 2021 Decision date: 15 March 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is dismissed. (2) The Development Application No 2020/28 seeking development consent for the demolition of all existing structures, Torrens title subdivision into two allotments and construction of two semi-detached dwelling houses at 192 Bay Street Pagewood, NSW legally identified as Lot 282 in DP 12533 is refused. (3) The exhibits are returned except for Exhibits H and 6. Catchwords: DEVELOPMENT APPEAL – subdivision – character – semi-detached dwelling – orders Legislation Cited: Botany Bay Local Environmental Plan 2013 Draft Bayside Local Environmental Plan 2020 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 55—Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Botany Bay Development Control Plan 2013 Category: Principal judgment Parties: Djura Peric (First Applicant) Vida Peric (Second Applicant) Bayside Council (Respondent) Representation: Counsel: A Pickles SC (Applicants) J Cole (Solicitor) (Respondent)