Aurora Design Pty Limited v Bayside Council [2021] NSWLEC 1391

Land and Environment Court New South Wales

Medium Neutral Citation: Aurora Design Pty Limited v Bayside Council [2021] NSWLEC 1391 Hearing dates: Conciliation conference on 31 May 2021 and 21 June 2021 Date of orders: 8 July 2021 Decision date: 08 July 2021 Jurisdiction: Class 1 Before: Horton C Decision: See orders at [10] Catchwords: DEVELOPMENT APPLICATION – mixed use development – residential apartment development – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50(1A), 50(1AB) Land and Environment Court Act 1979, s 34 Rockdale Local Environmental Plan 2011 cll 4.3, 4.6, 6.2, 6.7, 6.11, 6.12 State Environmental Planning Policy (Infrastructure) 2007, cll 85, 87 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment, July 2015 Category: Principal judgment Parties: Aurora Design Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) J Cole (Solicitor) (Respondent)