570 Princes Highway Pty Ltd v Bayside Council [2025] NSWLEC 1100

Land and Environment Court New South Wales

Medium Neutral Citation: 570 Princes Highway Pty Ltd v Bayside Council [2025] NSWLEC 1100 Hearing dates: Conciliation conferences on 13 September 2024 and 6 November 2024. Date of orders: 21 February 2025 Decision date: 21 February 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $20,000, and payable within 28 days. (2) The appeal is upheld. (3) Development Application No. DA-2022/145, as amended, for the demolition of existing structures and construction of a 12-storey mixed-use development comprising of a commercial tenancy at ground level with two towers of 12-storeys and 6-storeys located above containing 65 co-living rooms, associated communal areas including a communal terrace on level 1 between the towers, 8 stacked car parking spaces, motorcycle and bicycle parking, loading bay and associated earthworks, landscaping and stormwater drainage works at 570 Princess Highway, Rockdale is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use - co-living - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, s 34 Bayside Local Environmental Plan 2022, cll 2.3, 4.3, 4.6, 6.1, 6.2, 6.3, 6.10, 6.11 Environmental Planning and Assessment Regulation 2021 ss 27, 38 State Environmental Planning Policy (Housing) 2021, Pt 3, ss 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Category: Principal judgment Parties: 570 Princes Highway Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: J Oldknow (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)