Sinn v Waverley Council [2021] NSWLEC 1244

Land and Environment Court New South Wales

Medium Neutral Citation: Sinn v Waverley Council [2021] NSWLEC 1244 Hearing dates: 28 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are: (1) By consent, the appeal is upheld. (2) The Applicant's development application DA-301-2019 for demolition of an existing building and hard paved areas and construction of a four-storey residential flat building with a total of ten (10) units, including six (6) affordable housing units, basement car parking and associated landscaping at 81 Anglesea Street, Bondi is determined by the grant of consent, subject to the conditions annexed hereto at Annexure 'A'. (3) The exhibits are returned, except for Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – consent orders – affordable housing – potential view loss impacts – potential parking impacts – resident objectors – public interest Legislation Cited: Conveyancing Act 1919, s 88E Environmental Planning and Assessment Act 1979, ss 4.15(1), 4.15(3A), 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77, Sch 1 cl 2A Land and Environment Court Act 1979, s 17 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 13, 14, 15, 16A, 17, 49 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 28 Waverley Local Environment Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.3, 6.4, 6.5 Cases Cited: Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: COVID-19 Pandemic Arrangements Policy Practice Note – Class 1 Development Appeals Waverley Community Development Participation and Consultation Plan 2019 Waverley Development Control Plan 2012 (Amendment No. 6) Category: Principal judgment Parties: John Sinn (Applicant) Waverley Council (Respondent) Representation: Counsel: T To (Applicant) S Patterson (Solicitor) (Respondent)