Mabsout Nominees Pty Ltd v Bayside Council [2024] NSWLEC 1454

Land and Environment Court New South Wales

Medium Neutral Citation: Mabsout Nominees Pty Ltd v Bayside Council [2024] NSWLEC 1454 Hearing dates: Conciliation Conference on 16 July 2024 Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No DA-2022/403 for the demolition of existing structures and construction of a 10-storey commercial building above 3 levels of basement parking and associated landscaping on the land at 413-425 Princes Highway, Rockdale, is determined by the grant of consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – commercial development – integrated development – conciliation conference – agreement between the parties – orders Legislation Cited: Airports Act 1996, s 183 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 Water Management Act 2000, s 90 Airports (Protection of Airspace) Regulations 1996 (Cth), reg 15A Bayside Local Environmental Plan 2021, cll 4.3, 4.4, 6.1, 6.2, 6.3, 6.7, 6.10, 6.11 Civil Aviation (Buildings Control) Regulations 1988 (Cth) State Environmental Planning Policy (Resilience & Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.99, 2.118, 2.119, 2.122 Cases Cited: Toga Penrith Developments Pty Ltd v Penrith City Council [2022] NSWLEC 117 Texts Cited: Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Mabsout Nominees Pty Ltd ACN 605 252 097 (Applicant) Bayside Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)