INSDL Land Pty Ltd as the Trustee for INSDL Land Unit Trust v Bayside Council [2022] NSWLEC 1548

Land and Environment Court New South Wales

Medium Neutral Citation: INSDL Land Pty Ltd as the Trustee for INSDL Land Unit Trust v Bayside Council [2022] NSWLEC 1548 Hearing dates: Conciliation conference held 19 August 2022, and 12 and 19 September 2022, final agreement filed 20 September 2022 Date of orders: 07 October 2022 Decision date: 07 October 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-2022/3 and rely on the amended plans and documents listed at condition 1 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $20,000. (3) The Applicant's written request, pursuant to clause 4.6 of the Bayside Local Environmental Plan 2021 (BLEP), seeking to vary the development standard for height of buildings as set out at clause 4.3 of the BLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA-2022/3 (as amended) for the demolition of existing structures, tree removal, excavation, construction of an eight-storey residential flat building containing 71 apartments with car parking over two basement levels, public walkway along the eastern boundary of the site, and landscaping at 1-7 Innesdale Road, Wolli Creek, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 s 34 Water Management Act 2000 s 90 Environmental Planning and Assessment Act 1979 ss 4.16, 4.47, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cll 50, 55 Bayside Local Environmental Plan 2021 cll 2.7, 4.3, 4.6, 5.21, 6.1, 6.2, 6.3, 6.7, 6.10, 6.11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 2 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Rockdale Development Control Plan 2011 Category: Principal judgment Parties: INSDL Land Pty Ltd as the Trustee for INSDL Land Unit Trust (Applicant) Bayside Council (Respondent) Representation: Counsel: R Pleming (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)