Built Developments Pty Limited v Bayside Council [2024] NSWLEC 1555

Built Developments Pty Limited v Bayside Council [2024] NSWLEC 1555

The amended development application satisfies the requirements of the relevant planning instruments and statutes, including zoning, site suitability, signage criteria, and management of contamination, and the parties’ agreement is one the Court may make in the proper exercise of its functions; therefore, development consent is granted subject to agreed conditions.

Parties
Applicant: Built Developments Pty Limited; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
10 September 2024
Procedural Posture
Class 1 Appeal / Final Hearing and Orders Following Conciliation Conference
Outcome
Appeal upheld; Development consent granted, subject to conditions; Applicant to pay Respondent’s costs thrown away due to amendment.
Legal Topics
Development Application, Amendment of Application, Conciliation Conference, Zoning and Land Use, Development Consent Conditions, Warehouse Development
Planning Law Environmental Law Administrative Law Development Application Amendment of Application Conciliation Conference Zoning and Land Use Development Consent Conditions +1 more

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Parties

Built Developments Pty Limited

Applicant

Bayside Council

Respondent

Procedural Posture

Class 1 Appeal / Final Hearing and Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether amended development application should be approved
  2. 2 Whether jurisdictional prerequisites for consent are satisfied under relevant planning instruments
  3. 3 Whether proposed development complies with State Environmental Planning Policies and zoning objectives

Ratio Decidendi

The amended development application satisfies the requirements of the relevant planning instruments and statutes, including zoning, site suitability, signage criteria, and management of contamination, and the parties’ agreement is one the Court may make in the proper exercise of its functions; therefore, development consent is granted subject to agreed conditions.

Court Disposition

Appeal upheld; Development consent granted, subject to conditions; Applicant to pay Respondent’s costs thrown away due to amendment.

Orders

  • Applicant granted leave to amend the Class 1 Application to include and substitute documents in Annexure A.
  • Applicant to pay Respondent's costs thrown away as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979.