Karimbla Construction Services (NSW) Pty Ltd v Bayside Council [2021] NSWLEC 1593

Land and Environment Court New South Wales

Medium Neutral Citation: Karimbla Construction Services (NSW) Pty Ltd v Bayside Council [2021] NSWLEC 1593 Hearing dates: Conciliation conference on 28 September 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Class 1 Before: Horton C Decision: Proceedings 2021/189113 See orders at [33] Proceedings 2021/69719 See orders at [34] Catchwords: MODIFICATION APPLICATION – Concept plan approval – modification of concept plan approval – Stage 1 development application – conciliation conference – agreement between the parties – orders Legislation Cited: Architects Act 2003 Bayside Local Environmental Plan 2021, cll 1.8A, 5.21 Botany Bay Local Environmental Plan 2013, cll 4.4C, 6.2, 6.3, 6.8, 6.16, 6.19, 19 Environmental Planning and Assessment Act 1979, ss 4.55, 4.16, 4.20, 8.9, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102, 104 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 3, 28 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Karimbla Construction Services (NSW) Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) M Staunton (Respondent)