Aristides v Bayside Council [2017] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: Aristides v Bayside Council [2017] NSWLEC 1248 Hearing dates: 20-21 April 2017 Date of orders: 23 May 2017 Decision date: 23 May 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 2016/177 for construction of two dwellings and subdivision of the land into two lots at 32 Beauchamp Road, Hillsdale is refused. 3. The exhibits, other than exhibit 9, are returned. Catchwords: DEVELOPMENT APPLICATION: two lot subdivision and construction of two dwellings; whether the location of the site within an area identified as a hazard risk from the Botany Industrial Park is suitable for residential intensification; whether the proposal is inconsistent with the subdivision pattern and character of existing development. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: BGP Properties v Lake Macquarie (2004) 138 LGERA 237 Category: Principal judgment Parties: Aristos Aristides (Applicant) Bayside Council (Respondent) Representation: Counsel: Mr A. Whealy solicitor (Applicant) Mr R. White barrister (Respondent)

Solicitors: Mills Oakley (Applicant) Houston Dearn O'Connor Lawyers (Respondent) File Number(s): 2016/377255

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2016/177 for construction of two dwellings and subdivision of the land into two lots (the proposal) at 32 Beauchamp Road, Hillsdale (the site) by Bayside Council (the Council). 2. The appeal was subject to mandatory conciliation on 20 April 2017, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated and the hearing held forthwith, pursuant to s 34AA(2)(b)(i) of the LEC Act. 3. Leave was granted by the Court on 18 April 2017 for the applicant to rely on an amended proposal.