Zhou v Bayside Council [2022] NSWLEC 1638

Land and Environment Court New South Wales

Medium Neutral Citation: Zhou v Bayside Council [2022] NSWLEC 1638 Hearing dates: Conciliation conference on 17 August 2022, 15 September 2022, 5 October 2022 and 10 October 2022 Date of orders: 24 November 2022 Decision date: 24 November 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: See orders at paragraphs [35] and [37]. Catchwords: BUILDING INFORMATION CERTIFICATE APPLICATION – unauthorised structure – conciliation conference – agreement reached – orders made DEVELOPMENT APPLICATION – change of use of structure previously approved as a cabana to a secondary dwelling – partial demolition – conciliation conference – agreement reached – orders made Legislation Cited: Bayside Local Environmental Plan 2021, cll 1.2, 4.3, 4,4, 4.6, 5.4, 6.1, 6.3, 6.11 Civil Procedure Act 2005, s 26 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.25, 8.7, 8.10 Environmental Planning and Assessment Regulation 2021, cll 37, 75 Land and Environment Court Act 1979, ss 34, 34AA, 39(6) State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy (Housing) 2021, s 52 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Initial Action Pty Limited v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Rebel MH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Category: Principal judgment Parties: Wei Liang Zhou (Applicant) Bayside Council (Respondent) Representation: Counsel: V Conomos (solicitor) (Applicant) P Clarke (solicitor) (Respondent)