Built Developments Pty Limited v Bayside Council [2024] NSWLEC 1555

Land and Environment Court New South Wales

Medium Neutral Citation: Built Developments Pty Limited v Bayside Council [2024] NSWLEC 1555 Hearing dates: Conciliation conference on 22 July and 14 August 2024 Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the Class 1 Application to include and substitute the documents in Annexure A. (2) As a result of the amendment, the Applicant is to pay the Respondent's costs thrown away as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development consent is granted to Development Application No DA-2022/112, as amended, for construction of a 3-storey light industrial warehouse building, comprising 25 individual units with associated mezzanine office spaces and off-street car parking, a coffee shop, building identification signage and landscaping at 83 Corish Circle, Banksmeadow, subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION: warehouse or distribution centre in IN1 General Industrial under State Environmental Planning Policy (Transport and Infrastructure) 2021 – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Protection of the Environment Operations Act 1997, Sch 1 Bayside Local Environmental Plan 2021, cl 1.3 Environmental Planning and Assessment Regulation 2021, ss 37, 38 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, Ch 3, ss 3.2, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 5, Pt 5.5, ss 5.6, 5.20, 5.29, 5.30 Category: Principal judgment Parties: Built Developments Pty Limited (Applicant) Bayside Council (Respondent) Representation: Counsel: J Koprivnjak (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)