Zervos v Bayside Council [2021] NSWLEC 1729

Land and Environment Court New South Wales

Medium Neutral Citation: Zervos v Bayside Council [2021] NSWLEC 1729 Hearing dates: 19 November 2021 Date of orders: 29 November 2021 Decision date: 29 November 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: 1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $20,000.00 within 28 days. 2) The appeal is upheld. 3) Development Application No. DA2019/354 for the demolition of some existing structures, restoration of historical street front commercial premises along with the construction of a 5 level mixed use building comprising ground floor retail/business, a boarding house containing 13 boarding rooms including a manager's room, and alterations to an existing apartment at 30 Firth Street, Arncliffe, is approved subject to the conditions at Annexure A. Catchwords: APPEAL – development application – mixed use development including boarding house – conciliation conference – agreement reached – orders made Legislation Cited: Bayside Local Environmental Plan 2021 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 Rockdale Local Environmental Plan 2011, cll 1.8A, 4.3, 4.4, 4.6, 5.10, 6.4, 6.7, 6.11, 6.14 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Infrastructure 2007), cl 87 Category: Principal judgment Parties: Bill Zervos (Applicant) Bayside Council (Respondent) Representation: Counsel: R O'Gorman Hughes (Applicant) J Cole (Solicitor) (Respondent)