The Trustees for the Stephen Unit Trust trading as Stephen Davidson v Waverley Council [2021] NSWLEC 1375

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustees for the Stephen Unit Trust trading as Stephen Davidson v Waverley Council [2021] NSWLEC 1375 Hearing dates: Conciliation conference on 20 May 2021, final agreement filed 20 May 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) Leave is granted to the Applicant to rely upon the revised BASIX certificate (number 1050308M_03) dated 20 May 2021 and the stamped BASIX plans annexed to this agreement at Annexure 'A'. (2) The appeal is upheld. (3) Consent is granted to Development Application DA-412/2019, as amended, for the demolition of all structures, remediation works and construction of a 10 storey mixed use development comprising basement level, 2 levels of commercial with residential apartments above and the upper level being a communal roof top terrace at 10 Denison Street, Bondi Junction (Lot 1 in DP846080) subject to the conditions at Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – mixed use – residential apartment building – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16 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 2002 Waverley Local Environmental Plan 2012, cll 2.3, 5.10, 6.2, 6.5, 6.7, 6.9 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) NSW Apartment Design Guide 2015 Waverley Development Control Plan 2012 Category: Principal judgment Parties: The Trustee for the Stephen Unit Trust trading as Stephen Davidson (Applicant) Waverley Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) S Patterson (Solicitor) (Respondent)