Legion Cabs (Trading) Co-Operative Society Ltd v Bayside Council [2021] NSWLEC 1443

Land and Environment Court New South Wales

Medium Neutral Citation: Legion Cabs (Trading) Co-Operative Society Ltd v Bayside Council [2021] NSWLEC 1443 Hearing dates: 10-11 May 2021 Date of orders: 5 August 2021 Decision date: 05 August 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than A and C, are returned. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – cl 4.6 written request – FSR exceedance – design excellence – appeal dismissed – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 Rockdale Local Environmental Plan 2011, cll 4.6, 6.14, 7.1 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Water Management Act 2000 Cases Cited: PDE Investments No 8 Pty Ltd v Manly Council (2004) 139 LGERA 358; [2004] NSWLEC 355 Texts Cited: Apartment Design Guide Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (April 2021) Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Legion Cabs (Trading) Co-Operative Society Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Cole (Solicitor) (Respondent)