Rye 10 Pty Ltd v Bayside Council [2024] NSWLEC 1021

Land and Environment Court New South Wales

Medium Neutral Citation: Rye 10 Pty Ltd v Bayside Council [2024] NSWLEC 1021 Hearing dates: Conciliation conference on 19 January 2024 Date of orders: 25 January 2024 Decision date: 25 January 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Consent is granted to Modification Application MDA2023/90. (2) Development consent DA-2017/194, granted by the Land and Environment Court on 31 January 2018, is modified in the terms in Annexure A. (3) Development consent DA-2017/194, as modified by the Court, is Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Bayside Local Environmental Plan 2021, cll 4.4, 4.6, 6.2, 6.4, 6.9 Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Environmental Planning and Assessment Regulation 2021, ss 23, 113 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Pt 2, Div 2, ss 23, 24, 25 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Cases Cited: Gann & Anor v Sutherland Shire Council [2008] NSWLEC 157 Parker Logan Property Pty Ltd v Bayside Council [2017] NSWLEC 1709 Texts Cited: Bayside Development Control Plan 2022 NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Rye 10 Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) D Johnson (Solicitor) (Respondent)