SK Group Properties Pty Ltd v Bayside Council [2024] NSWLEC 1834

Land and Environment Court New South Wales

Medium Neutral Citation: SK Group Properties Pty Ltd v Bayside Council [2024] NSWLEC 1834 Hearing dates: Conciliation conference held 19 July, 16 August, 10, 30 September, 18 October, 8 and 15 November 2024 Date of orders: 20 November 2024 Decision date: 20 November 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-2023/225 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) 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 as a result of amending the Development Application in the agreed sum of $35,000 within 28 days of the date of these orders. (3) The Applicant's written request, pursuant to cl 4.6 of the Bayside Local Environmental Plan 2021 (BLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the BLEP, is upheld. (4) The Applicant's written request, pursuant to cl 4.6 of the BLEP, seeking to vary the development standard for floor space ratio (FSR) as set out at cl 4.4 of the BLEP, is upheld. (5) The appeal is upheld. (6) Consent is granted to Development Application DA-2023/225 (as amended) for the demolition of existing structures and construction of a mixed-use (shop top housing) development including commercial premises on the ground level, infill affordable housing (Level 1), residential units (Levels 2-8) and two levels of basement parking, at 609 Gardeners Road, Mascot, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use development – shop top housing – residential apartment building – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 37, 38 State Environmental Planning Policy (Housing) 2021 Chs 2, 4, Pt 2, Div 1, Sch 7A, 9, ss 8, 18, 145, 147 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Bayside Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3, 6.7, 6.8, 6.9, 6.10, 6.11 Cases Cited: Barhom v Randwick City Council [2024] NSWLEC 1357. Texts Cited: Australian Standard AS 2021:2015 Acoustics - Aircraft Noise Intrusion - Building Siting and Construction NSW Department of Planning, Apartment Design Guide (2015) NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: SK Group Properties Pty Ltd (Trustee of SK Group Property Trust) (Applicant) Bayside Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) P Brown (Solicitor) (Respondent) Solicitors: Pikes and Verekers Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2024/42358 Publication restriction: Nil