NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: 64-68 BLS Pty Ltd v Bayside Council [2024] NSWLEC 1686 Hearing dates: Conciliation Conference on 12 and 23 September, 8 and 18 October 2024 Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away in the agreed sum of $15,000 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No. DA 2024/114 for alterations, additions and amendments to the originally approved mixed use development, being Development Consent DA 2020/241 (as modified), including changes to the distribution of floor space and layout of dwellings and rooftop communal open space at Levels 10 and 11 of 64-68 The Grand Parade, Brighton Le Sands, is approved, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – modification application – justification of contravention of height of building development standard – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Bayside Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 4.6, 5.10, 6.7, 6.10 Civil Aviation (Buildings Control) Regulations 1988 State Environmental Planning Policy (Housing) 2021, s 147, Ch 4 Environmental Planning and Assessment Regulation 2021, ss 38, 67 Cases Cited: Ozaras v Inner West Council; John v Inner West Council [2021] NSWLEC 1270 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: 64-68 Pty Ltd ABN 38 640 961 431 (Applicant) Bayside Council (Respondent) Representation: Counsel: M Staunton (Applicant) P Brown (Solicitor) (Respondent)
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