Oriled Holding Pty Ltd v Bayside Council [2023] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Oriled Holding Pty Ltd v Bayside Council [2023] NSWLEC 1199 Hearing dates: Conciliation conference on 8 December 2022 Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA 2020/202 for the alterations and additions to existing warehouse and distribution facility at 3 Jullian Close, Banksmeadow, subject to the conditions set out in Annexure A. (3) 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 the Amended Application in the agreed sum of $20,000, which must be paid within 28 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION ––alterations and additions to existing warehouse and distribution facility – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Three Ports) cll 3, 14 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 5.1, 5.3, 5.12, 5.13, 5.14, 5.17, 5.18, 5.19, 5.20, 5.22, 5.31, Sch 12 Ch 5 Bayside Local Environmental Plan 2021, cl 1.3 Texts Cited: Botany Bay Development Control Plan 2013 Category: Principal judgment Parties: Oriled Holding Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: I Zimerman (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)