Silvestro v Bayside Council [2023] NSWLEC 1561

Land and Environment Court New South Wales

Medium Neutral Citation: Silvestro v Bayside Council [2023] NSWLEC 1561 Hearing dates: Conciliation conference on 15 June 2023; 3 July 2023; agreement filed on 24 August 2023 Date of orders: 25 September 2023 Decision date: 25 September 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away in the agreed amount of $8,000.00 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 within 21 days of this order being made. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA2022/7 lodged on 11 January 2022, as amended, for the use of the site as a holding yard for the storage of damaged vehicles operating 7.00am - 10.00pm from Monday to Saturday and 8.00am - 10.00pm on Sunday and Public Holidays and associated works on the land at 2 Erith Street, Botany NSW (Lot C DP 341241), subject to the conditions of consent at Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Bayside Local Environmental Plan 2021, cll 2.3, 4.3, 4.4, 5.21, 6.1, 6.3, 6.8 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15(3) Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Botany Bay Development Control Plan 2013 Category: Principal judgment Parties: James Silvestro (Applicant) Bayside Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)