Chapter and Co (10) Pty Ltd v Bayside Council [2024] NSWLEC 1438

Land and Environment Court New South Wales

Medium Neutral Citation: Chapter and Co (10) Pty Ltd v Bayside Council [2024] NSWLEC 1438 Hearing dates: Conciliation Conference 14 March, 10 April, 30 April, 14 May, 21 May 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away by reason of the amendment of Development Application No DA-2023/184 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $10,500. (2) The appeal is upheld. (3) Development Application No DA-2023/184, lodged on 14 July 2023, as amended, for alterations and additions to the approved seven (7) storey self-storage development including one (1) additional level, increase in parking, and amendments to signage at 21 Ossary Street, Mascot, is determined by the grant of consent subject to the conditions at Annexure "A". Catchwords: APPEAL – Development application –alterations and additions – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 5, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979, ss 17, 34 Bayside Local Environmental Plan 2021, cll 4.3, 4.4, 4.6, 5, 6.1, 6.3, 6.7, 6.8, 6.10, 6.11 Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.6, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Bayside Development Control Plan 2022 Category: Principal judgment Parties: Chapter and Co (10) Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)