Kingsway Development NSW Pty Ltd v Bayside Council [2023] NSWLEC 1516

Land and Environment Court New South Wales

Medium Neutral Citation: Kingsway Development NSW Pty Ltd v Bayside Council [2023] NSWLEC 1516 Hearing dates: Conciliation conference on 20 July, 25 and 29 August 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA-2016/150 granted by Bayside Council on 27 March 2018 is modified in the terms in Annexure A to this agreement. (3) Development consent DA-2016/150 as modified by the Court is Annexure B to this agreement. Catchwords: MODIFICATION APPLICATION – modification application to residential flat building – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 2003 Bayside Local Environmental Plan 2021, cll 4.3, 4.4, 6.1, 6.2, 6.3, 6.10 Environmental Planning and Assessment Act 1979, cll 4.15 4.55, 8.9, 8.14, 8.15 Environmental Planning and Assessment Regulation 2000, cl 115 Environmental Planning and Assessment Regulation 2021, ss 29, 38, 102 Land Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development 2000, Pt 3, cll 29, 30 Water Management Act 2000 Texts Cited: Rockdale Development Control Plan 2011 Apartment Design Guide Category: Principal judgment Parties: Kingsway Development NSW Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: P Murray (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)