Lombardi v Bayside Council [2023] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Lombardi v Bayside Council [2023] NSWLEC 1184 Hearing dates: Conciliation Conference 17 January, 15 February and 14, 24 and 30 March 2023 Date of orders: 20 April 2023 Decision date: 20 April 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent no. DA2019/250 is modified in the terms in Annexure A. (3) Development consent no. DA2019/250 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification of consent – conciliation conference – agreement between the parties - orders Legislation Cited: Bayside Local Environmental Plan 2021 Environmental Planning and Assessment Act 1979, s 4.15, 4.56, 4.70 Environmental Planning and Assessment Regulations 2000, cl 121B Land and Environment Court Act 1979, s 34 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Cases Cited: Lombardi v Bayside Council [2020] NSWLEC 1397 SDHA Pty Ltd v Waverley Council [2015] NSWLEC 65 Texts Cited: Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Daniel Lombardi (Applicant) Bayside Council (Respondent) Representation: Counsel: A Gough (Solicitor)(Applicant) A Seton (Solicitor)(Respondent)