Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), brought by Mosman Finance Bexley North Pty Ltd (the Applicant), against the deemed refusal of Development Application DA-2024/93 (the DA), by Bayside Council (the Respondent).

2. At the date of its lodgement on 23 April 2024, the DA sought consent for the consolidation of two existing lots, retention of two existing heritage buildings, demolition of existing one and two storey buildings, dwellings and structures, removal of trees, and the subdivision of the consolidated lot into 40 lots with construction of new roads, infrastructure and drainage works at 120 Kingsland Road North, Bexley North (the site).

3. 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 18 December 2024, 17 February, 10 March, 27 March, 11 April, 5 May, 22 May and 30 May 2025. I presided over the conciliation conference.

4. During the conciliation conference, the parties reached agreement as to the terms of a decision in these proceedings that would be acceptable to the parties. The agreement involves the Court upholding the appeal and granting development consent to an amended DA, subject to conditions.

5. Of particular note, the proposal has been amended by agreement between the parties to resolve the contentions initially raised by the Respondent. Those contentions included issues of contamination, impacts upon existing trees, potential terrestrial biodiversity impacts, heritage impacts, loss of low rental housing, impacts of residential intensification, traffic, parking and access, stormwater management, and landscaping - amongst other contentions.

6. Agreed design amendments have been made to reduce the extent of tree loss, retaining a number of significant trees previously proposed to be removed. The subdivision pattern has been refined to improve its relationship to the site, its topography and to neighbouring properties, including the interface with retained heritage items. Changes have been made to improve the arrangement and character of the proposed street and open space. The proposal has also been amended to satisfactorily resolve stormwater detention and conveyance. These agreed amendments also have the effect of reducing the number of lots created from 40 to 32.

7. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the amended DA.

8. There are jurisdictional prerequisites that must be satisfied before this function can be exercised.

9. In that regard, I am satisfied the DA was made with the consent of the owner of the land, evidenced within the Class 1 Application accompanying this matter.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197aa164beab63b6a25686a5)

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