Hassan v Bayside Council [2023] NSWLEC 1382

Land and Environment Court New South Wales

Medium Neutral Citation: Hassan v Bayside Council [2023] NSWLEC 1382 Hearing dates: Conciliation conference on 19 June 2023 Date of orders: 20 July 2023 Decision date: 20 July 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for development application number DA-2022/380, as amended, for substantive demolition of existing buildings (retention of the southern side wall of the dwelling) and construction of a new two-storey dwelling and in-ground swimming pool on land identified as Lot 1 in Deposited Plan 928656 and known as 7 Farr Street, Banksia NSW 2216, subject to the conditions included at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Bayside Local Environmental Plan 2022, cll 2.3, 4.3, 4.4, 6.1, 6.2, 6.3, 6.8 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, cl 38(1) Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 2.2, s 2.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Adam Hassan (Applicant) Bayside Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)