SK Constructions Pty Ltd v Bayside Council [2024] NSWLEC 1806

Land and Environment Court New South Wales

Medium Neutral Citation: SK Constructions Pty Ltd v Bayside Council [2024] NSWLEC 1806 Hearing dates: Conciliation conference on 5 November 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA 2023/315 (as amended) for the demolition of existing structures, tree removal and construction of a two-storey townhouse development comprising seven dwellings including basement parking on the land legally described as Lot 107 and Lot 108 DP2237 known as 129-131 Russell Avenue, Dolls Point NSW 2219, subject to the conditions set out in Annexure A. (3) The applicant is to pay the respondent's costs thrown away as a result of the amendment to the development application pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 in the agreed amount of $2,000 within 28 days of these orders being made. Catchwords: DEVELOPMENT APPEAL – multi dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 4.47, 8.7 Land and Environment Court Act 1979, s 34 Water Management Act 2000, s 90 Bayside Local Environmental Plan 2021, cll 6.1, 6.2, 6.3, 6.11 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 Texts Cited: Bayside Development Control Plan 2022 Category: Principal judgment Parties: SK Constructions Pty Ltd ACN 052 869 438 (Applicant) Bayside Council (Respondent) Representation: Counsel: C Parsons (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)