Forte Properties Pty Ltd v Waverley Council [2022] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Forte Properties Pty Ltd v Waverley Council [2022] NSWLEC 1232 Hearing dates: Conciliation conference on 25 March 2022; 8 April 2022 Date of orders: 03 May 2022 Decision date: 03 May 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment to the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $14,000, to be paid within 28 days of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application no. DA-40/2021 for substantial alterations and additions to the existing shop top housing development to provide four new studio apartments above two ground floor commercial tenancies and construction of a new rear garage at 118 Macpherson Street, Bronte (Lot 7 in Deposited Plan 78510), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – substantial alterations and additions to an existing shop top housing development to provide four new studio apartments above two ground floor commercial tenancies and construction of a new rear garage – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 cl 4.6 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, Sch 5 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Forte Properties Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) K Mortimer (Solicitor) (Respondent)