Youssef Corp Pty Ltd v Bayside Council [2021] NSWLEC 1540

Land and Environment Court New South Wales

Medium Neutral Citation: Youssef Corp Pty Ltd v Bayside Council [2021] NSWLEC 1540 Hearing dates: Conciliation conference on 10 September 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The Applicant's amended written request under cl 4.6 of the Rockdale Local Environmental Plan 2011 (RLEP), prepared by BMA Urban and dated July 2021 seeking a variation of the development standard for height of buildings under cl 4.3 of the RLEP, is upheld. (3) The appeal is upheld. (4) Development consent is granted to development application No. DA-2020/161 for the demolition of existing structures and construction of a 4-storey mixed use development comprising 14 residential apartments and two levels of parking at 424-430 Rocky Point Road, Sans Souci, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement reached Legislation Cited: Bayside Local Environmental Plan 2021, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50(1AB), 55, 143A Land and Environment Court Act 1979, s 34 Rockdale Local Environmental Plan 2011, cll 2.3, 4.3, 4.6, 6.1, 6.2, 6.4, 6.7, 6.11, 6.12 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment, July 2015 Category: Principal judgment Parties: Youssef Corp Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: K Dennis (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)