GDGA Investments Pty Ltd v Bayside Council [2026] NSWLEC 1220
Before: Young AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No. DA-2025/66 (DA). The DA sought development consent for alterations and additions to existing building and use for the purposes of storage of roofing supplies and associated office premises at 44 King Street, Rockdale legally known as Lot 8, Section 3, DP 1547 (Site).
Catchwords
DEVELOPMENT APPLICATION — s34 conciliation conference — alterations and additions to storage premises — agreement reached — orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs “thrown away” as a result of the amendments to the development application in the agreed amount of $3,000.00 within 21 days of the date of these orders. (3) Development Application DA-2025/66 for alterations and additions to existing building and use for the purposes of storage of roofing supplies and associated office premises at 44 King Street, Rockdale is determined by the grant of development consent subject to the conditions set out in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.65, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38, 164, 165, Pt 7 Bayside Local Environmental Plan 2021, cll 4.3, 4.4, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~11k words
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