Kimberley Co Pty Ltd v Waverley Council [2021] NSWLEC 1771

Land and Environment Court New South Wales

Medium Neutral Citation: Kimberley Co Pty Ltd v Waverley Council [2021] NSWLEC 1771 Hearing dates: 7 and 8 September 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the EPA Act, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Application, in the amount of $2,500 within 28 days of the date of these orders. (2) The appeal is dismissed. (3) The exhibits, other than 5, 8, A and D, are returned. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – residential apartment development – environmental impacts – site size – cl 4.6 written requests – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 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 (Housing for Seniors or People with a Disability) 2004, cll 2, 3, 4, 5, 40(2), 50 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, 4.5, 4.6, 5.1, 6.2 Cases Cited: Eastern Suburbs Leagues Club Ltd v Waverley Council [2019] NSWLEC 130 Hastings Point Progress Association Inc v Tweed Shire Council [2009] NSWCA 285 Issa v Burwood Council [2005] NSWCA 38 Mulpha Norwest Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 74 S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd t/as Planners North v Northern Regional Planning Panel (No 2) [2019] NSWLEC 199 Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Department of Planning, Industry and Environment, Apartment Design Guide Draft State Environmental Planning Policy (Housing) 2021 Land and Environment Court, COVID-19 Pandemic Arrangements Policy (April 2021) Waverley Development Control Plan 2012 - Amendment No. 9 Category: Principal judgment Parties: Kimberley Co Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Staunton (Respondent)