RNB Glenayr Pty Ltd v Waverley Council [2021] NSWLEC 1139

Land and Environment Court New South Wales

Medium Neutral Citation: RNB Glenayr Pty Ltd v Waverley Council [2021] NSWLEC 1139 Hearing dates: Conciliation Conference on 2 March 2021 Date of orders: 17 March 2021 Decision date: 17 March 2021 Jurisdiction: Class 1 Before: Dickson C Decision: See orders at [8] Catchwords: DEVELOPMENT APPLICATION – Demolition of existing buildings – construction of new shop top housing – breach of height control – breach of floor space ratio control – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.16 Environmental Planning and Assessment Regulation 2000, cll 49, 50 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, s 28 Waverley Local Environmental Plan 2012 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: RNB Glenayr Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) M Staunton (Respondent)