Ezra 1 Pty Ltd v Bayside Council [2020] NSWLEC 1065

Land and Environment Court New South Wales

Medium Neutral Citation: Ezra 1 Pty Ltd v Bayside Council [2020] NSWLEC 1065 Hearing dates: Conciliation conference 22-23 January 2020 Date of orders: 14 February 2020 Decision date: 14 February 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans copies of which are marked 'Annexure A' for the purpose of the development application. (2) The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $60,000 within 28 days of the date of this agreement. (3) The Applicant's written request under clause 4.6 of the Botany Bay Local Environmental Plan 2013 for contravention of the maximum height development standard imposed by clause 4.3 of the Botany Bay Local Environmental Plan 2013, is upheld. (4) The appeal is upheld. (5) Development application no. 10.2018.1138.1 for the demolition of existing structures and construction of mixed use development consisting of 31 residential units and 4 commercial spaces at 702-710 Botany Road and 2 Miles Street, Mascot is approved subject to the conditions in 'Annexure B'. Catchwords: DEVELOPMENT APPLICATION – Mixed use development – streetscape – character – contamination – parking – traffic – amenity – height – conciliation conference – agreement between the parties – orders Legislation Cited: Botany Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Category: Principal judgment Parties: Ezra Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: W Calokerinos (Applicant) M Staunton (Respondent)