Jasbe Rose Bay Developments Pty Limited v Waverley Council [2020] NSWLEC 1447

Land and Environment Court New South Wales

Medium Neutral Citation: Jasbe Rose Bay Developments Pty Limited v Waverley Council [2020] NSWLEC 1447 Hearing dates: Conciliation conference on 2 September 2020 Date of orders: 24 September 2020 Decision date: 24 September 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the conditions at annexure "A". (2) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The clause 4.6 request in relation to cl 4.4 of Waverley Local Environmental Plan 2012 prepared by GSA Planning dated 2 September 2020 is well founded and is upheld. (4) The appeal is upheld. (5) Development Application DA-96/2019 for demolition of existing shop, dwelling house and petrol station on the site and construction of a new residential flat building containing 23 units and basement carpark at 599-603 Old South Head Road, Rose Bay is approved subject to the conditions at annexure "A" to this agreement. Catchwords: APPEAL – development application – residential flat building – breach of floor space ratio development standard – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Waverley Local Environmental Plan 2012 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Jasbe Rose Bay Developments Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: J Reid (Applicant) M Staunton (Respondent)