Bexley Village Pty Limited v Bayside Council [2018] NSWLEC 1174

Bexley Village Pty Limited v Bayside Council [2018] NSWLEC 1174

The proceedings were disposed of in accordance with the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, as the presiding Commissioner was satisfied that the decision was one the Court could have made.

Parties
Applicant: Bexley Village Pty Limited; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld, development application approved subject to conditions, costs awarded to Council
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement, Height of Buildings Control, Voluntary Planning Agreement
Planning and Environment Law Development Application Conciliation Conference Section 34 Agreement Height of Buildings Control Voluntary Planning Agreement

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Parties

Bexley Village Pty Limited

Applicant

Bayside Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 should be adopted by the Court
  2. 2 Whether the amended development application and supporting documents should be relied upon
  3. 3 Whether variation to Height of Buildings control under clause 4.3 of Rockdale Local Environmental Plan 2011 should be upheld

Ratio Decidendi

The proceedings were disposed of in accordance with the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, as the presiding Commissioner was satisfied that the decision was one the Court could have made.

Court Disposition

Appeal upheld, development application approved subject to conditions, costs awarded to Council

Orders

  • Leave granted to rely on amended plans and documents in condition 2 of Annexure A.
  • Clause 4.6 written request to vary Height of Buildings control under clause 4.3 of Rockdale LEP 2011 is upheld.