Chamma v Bayside Council [2024] NSWLEC 1117

Land and Environment Court New South Wales

Medium Neutral Citation: Chamma v Bayside Council [2024] NSWLEC 1117 Hearing dates: Conciliation conference held on 6 March 2024 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA2022/418 seeking construction of a dwelling on Lot 17 Deposited Plan 12470, also known as 278 Bay Street, Brighton-Le-Sands is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a new dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.66, 4.67, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Roads Act 1993, s 138 Bayside Local Environmental Plan 2021, cl 2.3, 5.1A, 5.21, 6.1, 6.3 Environmental Planning and Assessment Regulation 2021, ss 23, 38, 162 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.118 Texts Cited: Rockdale Development Control Plan 2021 Category: Principal judgment Parties: Abed Alrahman Chamma (Applicant) Bayside Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) P Brown (Solicitor) (Respondent)