George Antiniou v Bayside Council [2017] NSWLEC 1464

Land and Environment Court New South Wales

Medium Neutral Citation: George Antiniou v Bayside Council [2017] NSWLEC 1464 Hearing dates: 17 August 2017 Date of orders: 29 August 2017 Decision date: 29 August 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed; 2. Modification Application DA-2016/426/B to an approved child care centre at 2 Kurnell Street, Brighton-Le-Sands is as approved by the Council on 15 December 2016 but to the extent that it also sought approval for additional storage, that aspect is refused; and 3. The exhibits, except Exhibits A and 4, are returned. Catchwords: DEVELOPMENT APPLICATION – whether sham application; whether substantially the same as approved development; amenity impacts to neighbours; overshadowing; overdevelopment; streetscape impact; alternative options Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rockdale Local Environmental Plan 2011 Texts Cited: Rockdale Development Control Plan 2011 Category: Principal judgment Parties: George Antoniou (Applicant) Bayside Council (Respondent) Representation: Counsel: Mr J Doyle (Applicant)

Solicitors: Mr J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/386327 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 97AA of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal of a modification application by Bayside Council (the Council) to an approved development. The modification comprises the addition of a 'long term storage area' on the third storey of an approved child care centre (the modification application) at 2 Kurnell Street, Brighton-Le-Sands (the site). 2. The key issue associated with the modification application is the impact the proposed addition would have on a neighbour and the streetscape and character of the area.