Bondi Heights Pty Ltd v Waverley Council [2022] NSWLEC 1303

Land and Environment Court New South Wales

Medium Neutral Citation: Bondi Heights Pty Ltd v Waverley Council [2022] NSWLEC 1303 Hearing dates: Conciliation conference on 9 June 2022 Date of orders: 9 June 2022 Decision date: 09 June 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-5/2021 for the demolition of the existing dual occupancy and the construction of a four (4) storey residential flat building containing 4 apartments and basement carparking at 34 Military Road, North Bondi, subject to the conditions set out in Annexure 'A'. The Court notes that: (1) In satisfaction of order 4 granted on 29 April 2022, the parties agree that the Applicant is to pay the amount of $17,000 to the Council within 28 days of the date of these orders. Catchwords: APPEAL – development application – residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, Sch 1, cl 50, Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021 cll 2.11, 4.6 Waverley Local Environmental Plan 2012 cll 4.3, 4.6 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Bondi Heights Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Puckeridge (Solicitor) (Respondent)