Sentumar Pty Ltd v Bayside Council

JUDGMENT

1. COMMISSIONER: These proceedings are an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the actual refusal of DA/2022/204. The development application seeks consent for the demolition of two existing buildings and construction of 1 x 4 storey and 1 x 5 storey building comprising of offices and self-storage units, a new crossover and driveway and basement parking and tree removal at 96-98 Denison Street, Hillsdale.
2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties which was held on the August 2 and 7 November 2024. I presided over the conciliation conference. At the conciliation conference, agreement was reached between the parties as to the terms of a decision in the proceedings that would be acceptable to them. This agreed decision involved the Court upholding the appeal and granting conditional development consent to the development application. A signed agreement prepared in accordance with s 34(10) of the LEC Act was filed with the Court on November 8 2024.
3. In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The final orders in this appeal, outlined below, are made as a result of an agreement between the parties that was reached at a conciliation conference.
4. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I have formed this state of satisfaction for the following reasons: 1. The development application was made with the consent of the owners of the land which is the subject of the development application: s 23 of the Environmental Planning and Assessment Regulation 2021 (EPA Reg). 2. The development application was notified by the Respondent for a period of 14 days between 3 and 14 August 2022. Two submissions were received which raised concerns about the over development, reduction in natural tree canopy and concerns in relation to noise and pollutants. I am satisfied that the submissions have been considered in the determination of the development application: s 4.15(1)(d) of the EPA Act.