64-68 BLS Pty Ltd v Bayside Council [2024] NSWLEC 1686

64-68 BLS Pty Ltd v Bayside Council [2024] NSWLEC 1686

The Court upheld the appeal, accepting that the applicant's written request established satisfaction of all jurisdictional requirements, including justification for the contravention of the height of buildings standard under cl 4.6 of the BLEP, with the proposal achieving design excellence under cl 6.10, not adversely affecting heritage, and complying with all other applicable planning controls. The decision is made in accordance with agreed terms under s 34 of the LEC Act.

Parties
Applicant: 64-68 BLS Pty Ltd; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
29 October 2024
Procedural Posture
Development Appeal / Final Hearing, Post Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions. Applicant to pay Respondent's thrown away costs.
Legal Topics
Development Application, Modification of Consent, Contravention of Development Standards, Design Excellence, Heritage, Height of Buildings, Floor Space Ratio
Planning and Environment Development Application Modification of Consent Contravention of Development Standards Design Excellence Heritage Height of Buildings Floor Space Ratio

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Parties

64-68 BLS Pty Ltd

Applicant

Bayside Council

Respondent

Procedural Posture

Development Appeal / Final Hearing, Post Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development should be approved despite contravention of the height of buildings development standard
  2. 2 Whether justification for the variation to the height standard satisfies cl 4.6 of BLEP
  3. 3 Whether the development achieves design excellence under cl 6.10 of BLEP

Ratio Decidendi

The Court upheld the appeal, accepting that the applicant's written request established satisfaction of all jurisdictional requirements, including justification for the contravention of the height of buildings standard under cl 4.6 of the BLEP, with the proposal achieving design excellence under cl 6.10, not adversely affecting heritage, and complying with all other applicable planning controls. The decision is made in accordance with agreed terms under s 34 of the LEC Act.

Court Disposition

Appeal upheld. Development consent granted subject to conditions. Applicant to pay Respondent's thrown away costs.

Orders

  • Applicant to pay Respondent's costs thrown away in the agreed sum of $15,000 within 28 days.
  • The appeal is upheld.