Botros v Bayside Council [2022] NSWLEC 1276

Botros v Bayside Council [2022] NSWLEC 1276

The Court was satisfied, after considering the parties' jurisdictional submissions and the amended application, that the agreed decision to uphold the appeal and grant conditional development consent was one the Court could have made in the proper exercise of its functions, because owner consent, notification and public interest considerations, relevant planning controls, contamination, BASIX, vegetation, earthworks, stormwater, height and floor space ratio requirements had been addressed and the amended proposal was acceptable subject to conditions.

Jurisdiction
Australia
Judgment Date
01 June 2022
Procedural Posture
Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 From Bayside Council's Deemed Refusal of Development Application DA 2021/310 / Orders Following Court Facilitated Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicants ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'multi Dwelling Development' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'multi Dwelling Development' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'costs Thrown Away']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 From Bayside Council's Deemed Refusal of Development Application DA 2021/310 / Orders Following Court Facilitated Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant conditional development consent was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting conditional development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the amended development application was acceptable having regard to relevant environmental planning instruments, public submissions, contamination, BASIX, vegetation, stormwater, earthworks, height and floor space controls.']

Ratio Decidendi

The Court was satisfied, after considering the parties' jurisdictional submissions and the amended application, that the agreed decision to uphold the appeal and grant conditional development consent was one the Court could have made in the proper exercise of its functions, because owner consent, notification and public interest considerations, relevant planning controls, contamination, BASIX, vegetation, earthworks, stormwater, height and floor space ratio requirements had been addressed and the amended proposal was acceptable subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicants ordered to pay respondent's costs thrown away.

Orders

  • ["The applicants are to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $7,500." 'The appeal is upheld.' 'Development consent is granted to development application DA-2021/310, as amended, for the redevelopment of 9 Rhodes Street,...