Gamallo v Bayside Council [2024] NSWLEC 1518

Land and Environment Court New South Wales

Medium Neutral Citation: Gamallo v Bayside Council [2024] NSWLEC 1518 Hearing dates: Conciliation conference on 7 August 2024 Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Class 1 Before: Coetzee AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA/2022/294 for alterations and additions to the existing semi-detached dwelling, including removal of ground floor internal walls for ground floor reconfiguration and construction of a new first floor with three (3) bedrooms and one (1) bathroom on the land at 177 Bay Street Botany NSW 2019, known as Lot A in Deposited Plan 443066, subject to the Conditions of Consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Bayside Local Environmental Plan 2021 cl 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3, 6.8, Sch 5 Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Sandra Gamallo (Applicant) Bayside Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)