Waverley Street Pty Ltd v Waverley Council [2022] NSWLEC 1266

Land and Environment Court New South Wales

Medium Neutral Citation: Waverley Street Pty Ltd v Waverley Council [2022] NSWLEC 1266 Hearing dates: Conciliation conference held on 22 February 2022, 18 and 31 March 2022 and 8 April 2022, final agreement filed 27 April 2022 Date of orders: 24 May 2022 Decision date: 24 May 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-325/2021 and rely on the amended plans and documents listed at condition 1 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $26,000 within 14 days of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA-325/2021 (as amended) for the demolition of existing structures and construction of an eight-storey residential apartment building containing eight units, a roof top communal area, two levels of basement parking and integrated car lift access at 40 Waverley Street, Bondi Junction, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – building bulk and scale – residential amenity – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 2.22, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 28 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.98 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3, 6.9 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (December 2021) Category: Principal judgment Parties: Waverley Street Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) S Puckeridge (Solicitor) (Respondent)