New South Wales Rugby Union Ltd v Bayside Council [2024] NSWLEC 1396

Land and Environment Court New South Wales

Medium Neutral Citation: New South Wales Rugby Union Ltd v Bayside Council [2024] NSWLEC 1396 Hearing dates: Conciliation conference on 13 May, 3 June and 13 June 2024. Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed sum of $18,000, payable within 21 days of Orders being made. (2) The appeal is upheld. (3) Development Application No DA‑2022/164 for modification of conditions 17, 21 and 22 of Development Consent No DA‑2020/455, so as to permit: (a) public games to be held on 12 days per year with a maximum of 400 attendees for a trial period of 18 months, (b) revised hours of operation for the outdoor facilities, the indoor high performance unit and gym, and indoor administrative spaces, and (c) use of a public address system during public games at 35 Banks Avenue, Daceyville NSW (Lot 3876 in DP 91234), subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – changes to sporting activity – amended application – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Bayside Local Environmental Plan 2021, cll 2.2, 5.21 Category: Principal judgment Parties: New South Wales Rugby Union Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: F Rourke (Solicitor)(Applicant) J Corradini-Bird (Solicitor)(Respondent)