Muslim Care v Bayside Council [2024] NSWLEC 1620

Land and Environment Court New South Wales

Medium Neutral Citation: Muslim Care v Bayside Council [2024] NSWLEC 1620 Hearing dates: Conciliation conference on 11 September 2024 Date of orders: 04 October 2024 Decision date: 04 October 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant shall pay the Respondent's costs thrown away as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. DA/2020/186, as amended, for demolition of existing structures and construction of a three-storey boarding house comprising 35 rooms, including manager's room and at grade car parking with 7 car spaces, 5 motorcycle spaces and bicycle parking at Lot 6 in DP 13625 and Lot 1 in DP 106663, known as 14-16 Banksia Avenue, Banksia is determined by grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house - conciliation conference – agreement between the 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 Bayside Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Regulations 2021, cl 3 Environmental Planning and Assessment Regulation 2000, cl 55 Rockdale Local Environmental Plan 2011, cll 2.3, 4.3, 4.6, 6.6, 6.7, 6.12, 6.14 State Environmental Planning Policy (Affordable Housing) 2009 Div 3, cll 30, 30A State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Muslim Care (Applicant) Bayside Council (Respondent) Representation: Counsel: M Seymour SC with C Koikas (Applicant) P Brown (Solicitor) (Respondent)