RPG Botany Pty Ltd v Bayside Council [2019] NSWLEC 1361

Land and Environment Court New South Wales

Medium Neutral Citation: RPG Botany Pty Ltd v Bayside Council [2019] NSWLEC 1361 Hearing dates: Conciliation conference on 26 July 2019 Date of orders: 02 August 2019 Decision date: 02 August 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to rely on amended plans in the annexure marked "B" to this judgment. (2) The Applicant is to pay the Respondent's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000 within 14 days. (3) The appeal is upheld. (4) Consent is granted to development application DA 10.2018.1056.1 lodged on 18 April 2018 for a warehouse building including demolition of existing structures and construction of a warehouse and industrial units and strata subdivision of land into 57 lots on Lot 2 DP 1029291 located at 45-47 Green St, Banksmeadow, 2019, NSW, subject to the conditions contained in the annexure marked "A" and in accordance with the plans marked "B" to this judgment. Catchwords: DEVELOPMENT APPLICATION – 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 No 55 – Remediation of Land State Environmental Planning Policy (Three Ports) 2013 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: RPG Botany Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Solicitors: M Baker, Minter Ellison (Applicant) A Epstein, HWL Ebsworth (Respondent) File Number(s): 2018/190583 Publication restriction: No