89 Ebley Street Pty Limited v Waverley Council [2021] NSWLEC 1365

Land and Environment Court New South Wales

Medium Neutral Citation: 89 Ebley Street Pty Limited v Waverley Council [2021] NSWLEC 1365 Hearing dates: Conciliation conference on 27 May 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended Architectural Plans, Plan Nos DA00 (Issue P2), DA010 (Issue P3), DA101 (Issue P3), DA201 (Issue P3), DA 301 (Issue P3) prepared by Squillace Architects dated 27 May 2021 and annexed at Annexure A. (2) The Applicant is granted leave to rely on the revised Plan of Management (Rev O) dated 27 May 2021 annexed at Annexure B. (3) The Applicant is granted leave to rely on the amended Assessment of Population Capacity, prepared by City Plan and dated 25 May 2021 annexed at Annexure C. (4) The appeal is upheld. (5) Development Application DA-195/2020, as amended, for the change of use of part of the building from approved café and bottleshop to an extension of the hotel use, known as "The Grand", to include a sports bar and smoking area, including internal works, at the ground floor level of the shop top housing development at 73-89 Ebley Street Bondi Junction NSW is approved subject to the conditions annexed at Annexure D. Catchwords: DEVELOPMENT APPEAL – change of use –conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Waverley Local Environmental Plan 2012, cl 2.3 & 6.5 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: 89 Ebley Street Pty Limited (Applicant) Waverley Council (Respondent Representation: Counsel: A Pickles SC (Applicant) S Patterson (Solicitor) (Respondent)