The Trustee for 1449 Botany Unit Trust v Bayside Council [2024] NSWLEC 1511

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for 1449 Botany Unit Trust v Bayside Council [2024] NSWLEC 1511 Hearing dates: Conciliation conference on 21 February 2024, 26 April 2024, 20 May 2024, 5 and 12 June 2024, 31 July 2024 and 7 August 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA 2023/144 for demolition of existing buildings and construction of a mixed use commercial and co-living housing development, at premises known as 1449 Botany Road, Botany, subject to the conditions of consent in Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development application No. DA 2023/144 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $15,000. (4) The Applicant is to file a set of architectural, landscape and stormwater plans and documents referred to in paragraph [10] of this judgment, within seven days of these Orders. Catchwords: DEVELOPMENT APPLICATION – part 4 storey and part 5 storey mixed use development including co-living – integrated development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.10, 4.13, 4.15, 4.16, 4.17, 4.46, 8.7, 8.11, 8.15, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, ss 17, 34 Water Management Act 2000 Bayside Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.8, 6.9, Sch 5 Pt 2 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Housing) 2021, Ch 3 Pt 3, s 67 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.118, 2.119, 2.120 Texts Cited: NSW Office of Environment and Heritage, Guidelines for Consultants Reporting on Contaminated Sites, August 2011 National Environment Protection Council, Schedule B2 Guideline on Site Characterisation, 2011 Category: Principal judgment Parties: The Trustee for 1449 Botany Unit Trust (Applicant) Bayside Council (Respondent) Representation: Counsel: V Conomos (Solicitor)(Applicant) P Hudson (Solicitor) (Respondent)