Whitehouse Properties Pty Ltd v Waverley Council [2022] NSWLEC 1273

Land and Environment Court New South Wales

Medium Neutral Citation: Whitehouse Properties Pty Ltd v Waverley Council [2022] NSWLEC 1273 Hearing dates: Conciliation Conference on 28 April 2022, 10 and 25 May 2022 Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification application DA-626/2002/G is approved and development consent DA-626/2002 granted on 18 November 2004 to vary the mix of patrons between the upper and lower levels of the Beach Road Hotel 71 Beach Road Bondi is modified in the terms set out in Annexure A. (3) As a consequence of the modification, development consent DA-626/2002 is subject to the consolidated, modified conditions of consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – hotel – modification to condition of development consent requiring acoustic upgrade – removal of trial period for increased patron numbers on first floor – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9, 8.10, Sch 1 s 10 Environmental Planning and Assessment Regulation 2000, cl 119 Environmental Planning and Assessment Regulation 2021, Sch 6 cl 3 Land and Environment Court Act 1979, s 34 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Whitehouse Properties Pty Limited v Waverley Council [2004] NSWLEC 645 Texts Cited: Waverley Community Development Participation and Consultation Plan 2019 Category: Principal judgment Parties: Whitehouse Properties Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: C Ireland (Applicant) M Staunton with N Hammond (Respondent)