Hanson Construction Materials Pty Ltd v Bayside Council [2020] NSWLEC 1127

Land and Environment Court New South Wales

Medium Neutral Citation: Hanson Construction Materials Pty Ltd v Bayside Council [2020] NSWLEC 1127 Hearing dates: Conciliation conference on 21 January 2020, 13 February 2020 and 2 March 2020 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The Applicant is granted leave to amend Development application no. DA-2018/1175 and rely upon the amended plans and documents listed in Annexure A. (2) The Applicant is to pay the Council's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $39,000 in full and final settlement of all Council's costs thrown away in these proceedings. (3) The appeal is upheld. (4) Development application no. DA-2018/1175 for the construction and operation of a mobile concrete batching plat and aggregate storage Lot 101 Deposited Plan 1192400, Beauchamp Road, Banksmeadow is approved subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION – concrete batching plant – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 33—Hazardous and Offensive Development State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 64—Advertising and Signage State Environmental Planning Policy (Three Ports) 2013 Category: Principal judgment Parties: Hanson Construction Materials Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: N Bergman (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)