Place Studios Au Pty Ltd v Bayside Council [2022] NSWLEC 1718

Land and Environment Court New South Wales

Medium Neutral Citation: Place Studios Au Pty Ltd v Bayside Council [2022] NSWLEC 1718 Hearing dates: Conciliation conference on 25 October 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development consent is granted to development application number DA 2021/260, seeking consent for the demolition of the existing structures on-site and construction of an eight-storey residential flat building on Lot 1 in DP624661, Lots 29, 30, 31, 32 in DP4059 and Lots B and C in DP325348, known as 28 - 36 Flora Street and 24 - 24A Marsh Street, subject to the conditions in Annexure 'A'. (3) The Applicant is to pay the Respondent's costs thrown away by the amended development application in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the amount of $16,500.00 within 28 days of the date of these orders. (4) The amended plans are to be uploaded by the Applicant to the NSW Planning Portal by 4 November 2022. Catchwords: DEVELOPMENT APPEAL – residential flat building– conciliation conference – agreement between the parties – orders Legislation Cited: 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 pt 1 cl 2A Land and Environment Court Act 1979 s 34 Rockdale Development Control Plan 2011 Rockdale Local Environmental Plan 2011 cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.4, 6.7, 6.12, 6.14 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development cl 28 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 ss 2.48, 2.119, 2.120, 2.122 Category: Principal judgment Parties: Place Studios Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Solicitors G McKee (Solicitor)(Applicant) P Brown (Solicitor) (Respondent)