Hatziandreou Holdings Pty Ltd v Bayside Council [2020] NSWLEC 1191

Land and Environment Court New South Wales

Medium Neutral Citation: Hatziandreou Holdings Pty Ltd v Bayside Council [2020] NSWLEC 1191 Hearing dates: 18-19 November 2019; 5 December 2019; 14 February 2020; 9 March 2020 Date of orders: 24 April 2020 Decision date: 24 April 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The application to modify the development consent for the mixed use development at 336-340 Rocky Point Road, Ramsgate, so as to incorporate the development as constructed as well as the proposed works set out in Annexure I to Exhibit 5, is refused. (3) The exhibits are returned, except for Exhibits B, D, L, M, Q, and 5. Catchwords: APPEAL – modification application – development constructed contrary to development consent – modification seeks to incorporate the development as constructed in addition to proposed works – whether substantially the same – whether communal open area location and size was a material element of the original development – traffic and parking impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Davi Developments Pty Ltd v Leichhardt Council [2007] NSWLEC 106 Innerwest 888 Pty Ltd v Canterbury Bankstown Council [2017] NSWLEC 1241 Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Ozzy States Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1413 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Woollahra Municipal Council v D'Albora Marinas Pty Ltd (1992) 75 LGRA 46 Texts Cited: Apartment Design Guide Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Hatziandreou Holdings Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: J Doyle (Applicant) J Cole (Solicitor) (Respondent)