IBT Investments Pty Ltd v Bayside Council [2021] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: IBT Investments Pty Ltd v Bayside Council [2021] NSWLEC 1246 Hearing dates: Conciliation conference on 29-30 April 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to the Applicant to rely on amended plans set out in Annexure A hereto and the written request under clause 4.6 of the Botany Bay Local Environmental Plan 2013 (LEP) prepared by Chapman Planning Pty Limited, entitled "Amended Clause 4.6 Variation to Development Standard" and dated 29 April 2021 (cl. 4.6 Request). (2) The Applicant's cl. 4.6 Request seeking a variation of the development control for the height of buildings set out in clause 4.3 of the LEP is upheld. (3) That the Applicant pay, pursuant to s. 8.15(3) of the Environmental Planning and Assessment Act 1979, the Respondent's costs thrown away as a result of the Amended Plans set out in Annexure A and the cl. 4.6 Request as agreed or assessed. (4) The appeal is upheld. (5) Consent is granted to Development Application for demolition of all structures on land and the erection of a boarding house comprising 53 boarding rooms (including one managers room), 1 ground floor retail tenancy and two basement parking levels accommodating 32 car spaces accessible via a scissor car lift at 197-199A King Street, Mascot, subject to the conditions set out in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Botany Bay Local Environmental Plan 2013, cll 4.3, 4.6, 6.1, 6.2, 6.3, 6.9 Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: IBT Investments Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: S Berveling (Applicant) J Cole (Solicitor) (Respondent)