1 Mitchell Street Pty Ltd v Waverley Council [2021] NSWLEC 1679

Land and Environment Court New South Wales

Medium Neutral Citation: 1 Mitchell Street Pty Ltd v Waverley Council [2021] NSWLEC 1679 Hearing dates: 19-20 July 2021 Date of orders: 8 November 2021 Decision date: 08 November 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 1 and C, are returned. Catchwords: DEVELOPMENT APPLICATION – mixed-use residential apartment development – environmental impacts – cl 4.6 written requests – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 4.6 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Land and Environment Court, COVID-19 Pandemic Arrangements Policy (April 2021) Waverley Development Control Plan 2012, Amendment 6 Category: Principal judgment Parties: 1 Mitchell Street Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: N Eastman (Applicant) S Patterson (Solicitor) (Respondent)