Hone Constructions Pty Ltd v Bayside Council [2023] NSWLEC 1304

Land and Environment Court New South Wales

Medium Neutral Citation: Hone Constructions Pty Ltd v Bayside Council [2023] NSWLEC 1304 Hearing dates: 11-12 May 2023, Conciliation conference on 12 May 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent thrown away as a result of the Applicant being granted leave to file the Amended Development Application within 90 days of the date of these orders, which costs are agreed in the amount of $25,000 which includes the costs ordered by the Court on the motion filed on 9 November 2022 together with the costs the subject of this order. (2) The written request pursuant to clause 4.6 of Bayside Local Environmental Plan 2021 (BLEP) seeking a variation of clause 4.3 - Height of Buildings of BLEP prepared by GAT & Associates dated May 2023 is upheld. (3) The appeal is upheld. (4) Development Consent is granted to Development Application No. 2021/463 for the demolition of existing structures, removal of trees and construction of a 5 storey building mixed use development comprising of a commercial tenancy to be used for business premises or retail premises and 23 residential units, 2 basement levels and associated landscaping at 30 & 34 High Street, Mascot legally described as Lot 3 DP 557050 & Lot A DP 103830 subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – mixed use development – clause 4.6 request to vary height of buildings development standard – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.16, Div 4.8, Pt 4 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No. 65 —Design Quality of Residential Apartment Development 2002 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Environmental Planning and Assessment Regulation 2000, cl 55 Bayside Local Environmental Plan 2021 cll 2.7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3, 6.7, 6.8, 6.9, 6.11, Water Management Act 2000 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Hone Constructions Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Reid (Respondent)