Botros v Bayside Council [2022] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Botros v Bayside Council [2022] NSWLEC 1276 Hearing dates: Conciliation conference on 23 March 2022; 26 April 2022; 11 May 2022 Date of orders: 01 June 2022 Decision date: 01 June 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicants are to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $7,500. (2) The appeal is upheld. (3) Development consent is granted to development application DA-2021/310, as amended, for the redevelopment of 9 Rhodes Street, Hillsdale, including the demolition of existing structures and construction of new multi-dwelling development with four dwellings and basement car parking and associated works including permanent landscaping setback along the rear boundary, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Botany Bay Local Environmental Plan 2013, cll 4.3, 4.4, 6.1, 6.2, 6.3 Bayside Local Environmental Plan 2021, cl 1.8A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 2, s 2.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Botany Bay Development Control Plan 2013 Category: Principal judgment Parties: Mario Adeeb Ishak Botros (First Applicant) Marina Morgan (Second Applicant) Bayside Council (Respondent) Representation: Counsel: P Saab (Solicitor) (Applicants) J Cole (Solicitor) (Respondent)