SK Group Properties Pty Ltd v Bayside Council [2024] NSWLEC 1834

SK Group Properties Pty Ltd v Bayside Council [2024] NSWLEC 1834

The appeal is upheld and consent granted to the amended development application because the written requests to vary the height and FSR standards satisfy the requirements of cl 4.6 of the BLEP, the proposal is consistent with the relevant zone and development objectives, all jurisdictional prerequisites are met, public submissions have been adequately addressed, and the parties have agreed to terms that the Court is satisfied are appropriate.

Parties
Applicant: SK Group Properties Pty Ltd (Trustee of SK Group Property Trust); Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
20 November 2024
Procedural Posture
Development Consent Appeal / Judgment Following Conciliation Under S 34, Orders Made
Outcome
Appeal upheld, consent granted to amended DA with conditions, cost order made against applicant
Legal Topics
Development Applications, Height of Buildings, Floor Space Ratio, Affordable Housing, Design Excellence, Costs, Planning Law
Environmental and Planning Law Development Applications Height of Buildings Floor Space Ratio Affordable Housing Design Excellence Costs Planning Law

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Parties

SK Group Properties Pty Ltd (Trustee of SK Group Property Trust)

Applicant

Bayside Council

Respondent

Procedural Posture

Development Consent Appeal / Judgment Following Conciliation Under S 34, Orders Made

Legal Issues

  1. 1 Whether consent should be granted to the amended mixed-use development application notwithstanding exceedance of development standards for height and floor space ratio under the Bayside Local Environmental Plan 2021
  2. 2 Whether written requests to vary the BLEP standards for height and FSR satisfy cl 4.6, including public interest and environmental planning grounds
  3. 3 Whether consent is consistent with all relevant planning controls and jurisdictional requirements

Ratio Decidendi

The appeal is upheld and consent granted to the amended development application because the written requests to vary the height and FSR standards satisfy the requirements of cl 4.6 of the BLEP, the proposal is consistent with the relevant zone and development objectives, all jurisdictional prerequisites are met, public submissions have been adequately addressed, and the parties have agreed to terms that the Court is satisfied are appropriate.

Court Disposition

Appeal upheld, consent granted to amended DA with conditions, cost order made against applicant

Orders

  • Leave granted to amend Development Application DA-2023/225 and rely on amended plans/documents in Condition 1 at Annexure A.
  • Applicant to pay respondent's thrown away costs of $35,000 within 28 days, pursuant to s 8.15(3) EPA Act.