Sentumar Pty Ltd v Bayside Council [2024] NSWLEC 1751

Land and Environment Court New South Wales

Medium Neutral Citation: Sentumar Pty Ltd v Bayside Council [2024] NSWLEC 1751 Hearing dates: Conciliation conference 2 August, 7 November 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs 'thrown away' as a result of the amendment of the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $25,000, and payable within 28 days. (2) The appeal is upheld. (3) Development consent is granted to DA-2022/204 for the demolition of 2 existing buildings fronting Denison Street and associated structures (being Block 'D', the western portion of Block 'G', the 1 and 2 storey brick building to the south of 100 Denison Street, as well as the landscape and driveway elements) and construction of one four-storey building and one five-storey building comprising of offices and self-storage units with basement and at-grade parking, business identification signage and removal of existing trees at 96 – 98 Denison Street, Hillsdale subject to Annexure A. Catchwords: DEVELOPMENT APPLICATION – Existing self storage units seeking expansion of use – existing use rights – amended plans and further information – conciliation conference – agreement reached between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, Div 4.11, Pt 4, ss 4.15, 4.16, 4.65, 4.67, 8.15 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 Environmental Planning and Assessment Regulation 2021, ss 23, 38, 162, 163, 164, 165, 166, 167 State Environmental Planning Policy (Biodiversity and Conservation) State Environmental Planning Policy (Industry and Employment) 2021, Sch 5, s 3.1 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 3.12, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 5, ss 2.48, 2.119, 5.15, 5.19, 5.20, 5.29, 5.30 Cases Cited: Cracknell & Lonergan Architects Pty Ltd v Leichhardt Municipal Council (2012) 193 LGERA 151; [2012] NSWLEC 194 Iris Diversified Property Pty Ltd v Randwick City Council (2010) 173 LGERA 240; [2010] NSWLEC 58 oOh! Media Assets Pty Ltd v The Council of the City of Sydney [2016] NSWLEC 47 Saffioti v Kiama Municipal Council [2019] NSWLEC 57 Category: Principal judgment Parties: Sentumar Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)