Vanis Holdings Pty Ltd v Bayside Council [2024] NSWLEC 1468

Land and Environment Court New South Wales

Medium Neutral Citation: Vanis Holdings Pty Ltd v Bayside Council [2024] NSWLEC 1468 Hearing dates: 14-16 May 2024: final submissions 4 July 2024 Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed resulting from the amending of the development application by those amended plans and other documents the subject of the Notice of Motion dated 15 May 2024, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No DA-2022/246, seeking consent for Site consolidation, demolition of the existing petrol station and buildings on the eastern part of the site; construction of an 11 storey mixed use development on the eastern part of the site comprising of basement and above ground parking levels, commercial tenancies on the ground floor and apartments above on Level 1 to Level 10; and alterations and additions to the existing 9 storey mixed use development on the western part of the site, at 251-269 and 271-275 Bay Street, Brighton-le-Sands, is determined by the grant of consent, subject to conditions of consent at Annexure A. (4) All exhibits are returned, except for Exhibits A, B, C, F, R, CC, DD, EE and FF. Catchwords: DEVELOPMENT APPLICATION – Mixed use development in MU1 Mixed Use zone – residential apartment development – commercial premises Legislation Cited: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Interpretation Act 1987, s 8 Land and Environment Court Act 1979, s 39 Protection of the Environment Operations Act 1997 Water Management Act 2000 Bayside Local Environmental Plan 2021, cll 4.3, 4.5, 4.6, 6.3, 6.7, 6.8, 6.9, 6.11 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Pt 2, Div 1, Sch 9, s 147 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 4.3, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120, 2.122 Cases Cited: The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Texts Cited: Australian Building Codes Board, Building Code of Australia, December 1988 Australian Building Codes Board, National Construction Code, October 2022 NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Rockdale Development Control Plan 2011 Standards Australia, Australian Standard AS 2021:2015, March 2015 Standards Australia, Australian Standard AS/NZS 2890.1: March 2004 Standards Australia, Australian Standard AS 2890.3, September 2015 Category: Principal judgment Parties: Vanis Holdings Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Seton (Solicitor) (Respondent)