HSN Construction Pty Ltd v Waverley Council [2022] NSWLEC 1077

Land and Environment Court New South Wales

Medium Neutral Citation: HSN Construction Pty Ltd v Waverley Council [2022] NSWLEC 1077 Hearing dates: Conciliation conference on 9 - 10 February 2022 Date of orders: 14 February 2022 Decision date: 14 February 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $7,500 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application No. 152/2021 for the demolition of existing structures and construction of three storey residential flat building with basement parking at 154 Ramsgate Avenue, North Bondi, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION –– construction of a residential flat building ––condition of consent requiring a planning agreement for a monetary contribution –– conciliation conference –– agreement between the parties –– orders made Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.6, 8.7 Land and Environment Court Act 1979 ss 34, 39 State Environmental Planning Policy (Affordable Rental Housing) 2009 Part 3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 cl 6 State Environmental Planning Policy (Housing) 2021 Sch 7 Waverley Local Environmental Plan 2012 cll 4.3, 4.4, 4.6 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Waverley Planning Agreement Policy 2014 Category: Principal judgment Parties: HSN Construction Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) S. Patterson (Solicitor) (Respondent)