Singh v Bayside Council [2024] NSWLEC 1563

Land and Environment Court New South Wales

Medium Neutral Citation: Singh v Bayside Council [2024] NSWLEC 1563 Hearing dates: Conciliation conference 20-21 August 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld (2) Development consent is granted to Development Application No. 2023/27 for demolition of an existing single storey dwelling house and garage and construction of a 'dual occupancy (attached)', including single driveway and landscaping works, at the land legally described as Lot 30 Section 8 DP 939789 & Lot 1 DP 1007932, known as 43 Wellington Street, Mascot 2020, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Act 1979, s 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 38 Bayside Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.3, 6.8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 and 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Category: Principal judgment Parties: Anil Jit Singh (First Applicant) Madhur Singh (Second Applicant) Bayside Council (Respondent) Representation: Counsel: Self Represented (Applicants) P Brown (Solicitor) (Respondent)