MHN Design Union Pty Ltd v Waverley Council [2020] NSWLEC 1545

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Ltd v Waverley Council [2020] NSWLEC 1545 Hearing dates: Conciliation conference on 11 September 2020, 28 September 2020 and 15 October 2020 Date of orders: 9 November 2020 Decision date: 09 November 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended plans and documents referred to in condition 1 of the conditions of consent at Annexure 'A'. (2) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the sum of $13,000 within 28 days of these orders. (3) The appeal upheld. (4) Development consent be granted to DA-336/2019 for the demolition of all existing dwellings and the construction of a four storey residential flat building over basement parking and associated landscape works, comprising 10 apartments, 15 private parking spaces, 5 motorcycle spaces and 11 bicycle spaces at 45-47 Ramsgate Avenue, Bondi Beach NSW, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development – agreement between parties – conciliation conference – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Statement Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: MHN Design Union Pty Ltd (Applicant) Waverley council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent) File Number(s): 2020/80126 Publication restriction: No