T & R Property Development (Gordon) Pty Ltd v Bayside Council [2021] NSWLEC 1299

Land and Environment Court New South Wales

Medium Neutral Citation: T & R Property Development (Gordon) Pty Ltd v Bayside Council [2021] NSWLEC 1299 Hearing dates: Conciliation conference 17-18 May 2021 Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure 'A'. (2) The clause 4.6 variation request in relation to active street frontages to cl 6.15 of the Botany Bay Local Environmental Plan 2013 is upheld. (3) The Appeal is upheld. (4) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent in the agreed sum of $20,000.00 within 7 days of these orders being made. (5) Development Application DA2020/201 for demolition of existing structures and construction of 4 storey boarding house development with basement parking on land legally described as Lot 1 in DP557050 and Lot 2 in DP212198 known as 24 & 26 High Street, Mascot NSW is approved subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Botany Bay Local Environmental Plan 2013, cll 2.3, 4.6, 6.1, 6.2, 6.3, 6.9, 6.15 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 30, 30A State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: T & R Property Development (Gordon) Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)