NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Tayyar v Bayside Council [2023] NSWLEC 1192 Hearing dates: 24 and 25 January 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed; (2) Development Application DA2021/481 seeking consent for demolition of existing structures, Torrens title subdivision of one lot into two lots and construction of two semi-detached dwelling houses, is determined by way of refusal; (3) The exhibits are returned, with the exception of Exhibits D and 1. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – semi-detached dwelling houses – whether proposed lots would be consistent with prevailing subdivision pattern Legislation Cited: Bayside Local Environmental Plan 2021, cll 1.2, 2.3, 2.6, 4.1, 4.1AA Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 77 Cases Cited: Fuller v Inner West Council [2019] NSWLEC 1506 Texts Cited: Botany Bay Development Control Plan 2013 Category: Principal judgment Parties: Ali Tayyar (Applicant) Bayside Council (Respondent) Representation: Counsel: A Jucha (Applicant) A Seton (Solicitor) (Respondent)
Solicitors: Vision Legal (Applicant) Marsdens Law Group (Respondent) File Number(s): 2022/287086 Publication restriction: No
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