Paul’s Customs & Forwarding Solutions Pty Ltd v Bayside Council [2024] NSWLEC 1644

Land and Environment Court New South Wales

Medium Neutral Citation: Paul's Customs & Forwarding Solutions Pty Ltd v Bayside Council [2024] NSWLEC 1644 Hearing dates: Conciliation conference on 29 May, 3 July, 7, 22 and 29 August, and 10 September 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) In relation to Unit 10B on Lot 100 in Deposited Plan 1213007 being the land known as 1/1A Hale Street, Botany, NSW, Modification application number MDA-22/16 for modification of DA-2009/10208, is determined by approval: (a) Development consent DA-2009/10208 is modified pursuant to the terms set out in Annexure A. (b) Development consent DA-2009/10208 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – Hours of operation – noise impact – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.55, 8.9, 8.14 Land and Environment Court Act 1979, ss 17, 34 Bayside Local Environmental Plan 2021 Environmental Planning and Assessment Regulation 2021, ss 23, 107, 113 State Environmental Planning Policy (Transport and Infrastructure) 2021, Pt 5, s 5.12 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Canterbury-Bankstown Council v Realize Architectural Pty Ltd [2024] NSWLEC 31 Feldkirchen Pty Ltd v Development Implementation Pty Ltd and Anor [2021] NSWLEC 116 Category: Principal judgment Parties: Paul's Customs & Forwarding Solutions Pty Ltd ACN 100641745 (Applicant) Bayside Council ABN 80690785443 (Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)