Mezuzah Investments Pty Ltd v Waverley Council [2021] NSWLEC 1619

Land and Environment Court New South Wales

Medium Neutral Citation: Mezuzah Investments Pty Ltd v Waverley Council [2021] NSWLEC 1619 Hearing dates: Conciliation conference on 13 and 29 July and 23 August 2021, final agreement filed 12 October 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: 1) The Applicant's written request under cl 4.6 of the Waverley Local Environmental Plan 2012 (WLEP), prepared by A Square Planning dated 30 July 2021, seeking to justify the contravention of the Floor Space Ratio development standard in cl 4.4 of the WLEP is upheld. 2) The Applicant's written request under cl 4.6 of the WLEP, prepared by A Square Planning dated 30 July 2021, seeking to justify the contravention of the Height of Buildings development standard in cl 4.3 of the WLEP is upheld. 3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $12,000 within 28 days. 4) The appeal is upheld. 5) Consent is granted to Development Application DA-205/2020 for alterations and additions to the existing residential flat building at 132 Hewlett Street, Bronte, subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – alterations and additions – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy No 55—Remediation of Land 1998, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 4.6 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Mezuzah Investments Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)