Admark Investments Pty Ltd v Waverley Council [2022] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Admark Investments Pty Ltd v Waverley Council [2022] NSWLEC 1249 Hearing dates: Conciliation conference on 9 May 2022 Date of orders: 16 May 2022 Decision date: 16 May 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 6/2021 for alterations and additions to an existing building and use as a retail tenancy on the ground level and a boarding house, at 148 Curlewis Street, Bondi Beach, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (3) The Applicant is to pay those costs of the Respondent thrown away as a result of the amended application, on 22 March 2022 and 9 May 2022, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $60,000 as agreed between the parties. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing building – use for retail tenancy at ground level and a boarding house – conciliation conference – amended application – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, cl 3 of Sch 6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, Div 3, cll 29. 30, 30A State Environmental Planning Policy (Housing) 2021, Sch 2, cl 2 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.9, Sch 5 Category: Principal judgment Parties: Admark Investments Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) H Irish (Respondent)