SK Constructions Pty Ltd v Bayside Council [2024] NSWLEC 1806

SK Constructions Pty Ltd v Bayside Council [2024] NSWLEC 1806

The Court upheld the appeal and granted development consent to the amended development application, finding all jurisdictional and statutory preconditions satisfied and there being no impediments identified to exercise its discretion in accordance with the agreed position between the parties under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: SK Constructions Pty Ltd ACN 052 869 438; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Development Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted; applicant to pay respondent's costs for amendment
Legal Topics
Development Application, Multi Dwelling Housing, Integrated Development, Consent Orders, Land Zoning
Planning and Environment Development Application Multi Dwelling Housing Integrated Development Consent Orders Land Zoning

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Parties

SK Constructions Pty Ltd ACN 052 869 438

Applicant

Bayside Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for amended Development Application No. DA 2023/315 for demolition, tree removal, and construction of a two-storey townhouse development
  2. 2 Whether jurisdictional and statutory requirements for granting consent are satisfied

Ratio Decidendi

The Court upheld the appeal and granted development consent to the amended development application, finding all jurisdictional and statutory preconditions satisfied and there being no impediments identified to exercise its discretion in accordance with the agreed position between the parties under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted; applicant to pay respondent's costs for amendment

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application No. DA 2023/315 (as amended) for the demolition of existing structures, tree removal and construction of a two-storey townhouse development comprising seven dwellings including basement parking on the land legally described as Lot 107 and Lot 108 DP2237 known...