NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Primus DMS Pty Ltd v Bayside Council [2023] NSWLEC 1624 Hearing dates: Conciliation conference on 13 and 19 September 2023 Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) The Modification Application, to modify the Development Consent DA-2019/352 at 602 - 606 Princes Highway, Rockdale NSW 2216, is approved and the Development Consent is modified as set out in Annexure "A" to this judgment. (3) Development Consent DA-2019/352, as modified by the Court, is subject to the consolidated conditions of Development Consent set out in Annexure "B" to this judgment. Catchwords: MODIFICATION APPLICATION – residential flat building – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.55, 8.15, 8.9 Environmental Planning and Assessment Regulation 2021, ss 100, 102, 113, Sch 7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Primus DMS Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)
Solicitors: Pikes and Verekers Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2023/112097 Publication restriction: Nil
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