Lavecky v Waverley Council [2021] NSWLEC 1115

Land and Environment Court New South Wales

Medium Neutral Citation: Lavecky v Waverley Council [2021] NSWLEC 1115 Hearing dates: Conciliation conference on 15 February 2021; final agreement filed 15 February 2021 Date of orders: 9 March 2021 Decision date: 09 March 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away in the agreed amount of $30,000 within 28 days of these orders. (2) The appeal is upheld. (3) Consent is granted to development application DA-88/2019 for the demolition of 2 detached dwellings and the construction of a three-storey residential flat building with basement parking and 6 units at 18-20 Allens Parade, Bondi Junction NSW, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential flat building – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land 1998 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Amanda Lavecky (Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)