Gavancorp Pty Limited v Waverley Council [2022] NSWLEC 1396

Land and Environment Court New South Wales

Medium Neutral Citation: Gavancorp Pty Limited v Waverley Council [2022] NSWLEC 1396 Hearing dates: Conciliation conference on 21 July 2022 Date of orders: 21 July 2022 Decision date: 21 July 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The written request prepared by Planning Ingenuity dated 13 May 2022, pursuant to clause 4.6 of the Waverley Local Environmental Plan 2012, to vary the development standard in clause 30(1)(h) of State Environmental Planning Policy (Affordable Rental Housing) 2009, is upheld. (2) The Appeal is upheld. (3) Development consent is granted to Development Application No. DA-261/2021 for substantial alterations and additions to the existing building and construction of a part two storey, part five storey boarding house at 5 Grafton Street, Bondi Junction (Lot 11 in Deposited Plan 836679), subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – alterations and additions to a boarding house – 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, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Housing) 2021 Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.120 Waverley Local Environmental Plan 2012 cll 4.6, 5.10, 6.2 Category: Principal judgment Parties: Gavancorp Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) L Mulligan (Solicitor) (Respondent)