Monterey Equity Pty Limited v Bayside Council [2023] NSWLEC 1718

Land and Environment Court New South Wales

Medium Neutral Citation: Monterey Equity Pty Limited v Bayside Council [2023] NSWLEC 1718 Hearing dates: Conciliation conference on 24 May, 18 August and 12 September 2023 Date of orders: 29 November 2023 Decision date: 29 November 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to Development Application No. 2021/95 for the demolition of existing structures and construction of a part 2 and part 3 storey residential aged care facility comprising 112 rooms (115 beds), basement level parking, front fencing and signage at 119 Barton Street, Monterey, NSW 2217, being Lot 2 in DP 857520, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – integrated development – contribution condition – aged care facility – Voluntary Planning Agreement – conciliation conference – agreement between the parties – orders Legislation Cited: Bayside Local Environmental Plan 2021 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 7.4, 7.11, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Rockdale Local Environmental Plan 2011, cl 4.6 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cl 40 State Environmental Planning Policy (Housing) 2021 Texts Cited: Rockdale Section 94 Contributions Plan 2004 (Incorporating Amendments 1-5) Category: Principal judgment Parties: Monterey Equity Pty Limited (Applicant) Bayside Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)