The Trustee for the Resland Discretionary Trust v Bayside Council [2024] NSWLEC 1160

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for the Resland Discretionary Trust v Bayside Council [2024] NSWLEC 1160 Hearing dates: Conciliation conference on 19-20 March 2024 Date of orders: 09 April 2024 Decision date: 09 April 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: 1) The Applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order. 2) The appeal is upheld. 3) Development consent is granted to Development Application No. DA-2023/129 for demolition of existing structures and construction of a two (2) storey dual occupancy, each with a roof terrace, otherwise known as 50 Alfred Street, Ramsgate Beach NSW 2217, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dual occupancy - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA Bayside Local Environmental Plan 2021, cl 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.3, 6.11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, s 2.11 and s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, Div 5, s 2.48 Category: Principal judgment Parties: The Trustee for the Resland Discretionary Trust (Applicant) Bayside Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) P Brown (Solicitor)(Respondent)