Bondi Finance Pty Ltd v Waverley Council [2021] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: Bondi Finance Pty Ltd v Waverley Council [2021] NSWLEC 1096 Hearing dates: Conciliation conference on 11 February 2021 Date of orders: 25 February 2021 Decision date: 25 February 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted for the Applicant to rely on the amended plans and documents referred to in Condition 1 in Part A of Appendix B of the conditions of consent annexed and marked "A". (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in a sum of $30,000 within 28 days of these orders. These costs include the costs order made against the Applicant on 27 November 2020. (3) The Applicant's written request under clause 4.6 of the Waverley Local Environmental Plan 2012, prepared by LK Planning and dated 8 December 2020, seeking to justify the contravention of the height of buildings development standard in clause 4.3 of the WLEP is upheld. (4) The appeal is upheld. (5) Development Application DA-323/2019 (as amended pursuant to Order (1) above) for partial demolition of existing structures and the construction of a new five-storey shop-top housing development with basement parking at 124-126 Campbell Parade, Bondi Beach NSW, is determined by the grant of deferred commencement consent subject to matters and conditions in accordance with Annexure "A". Catchwords: DEVELOPMENT APPLICATION – shop-top housing development – Bondi Beach Conservation Area – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Bondi Finance Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: C Novak (Applicant) S Patterson (Solicitor) (Respondent)