Junction Freehold Pty Ltd v Waverley Council [2022] NSWLEC 1464

Land and Environment Court New South Wales

Medium Neutral Citation: Junction Freehold Pty Ltd v Waverley Council [2022] NSWLEC 1464 Hearing dates: Conciliation conference 19 August 2022, final submission 24 August 2022 Date of orders: 05 September 2022 Decision date: 05 September 2022 Jurisdiction: Class 1 Before: Walsh C Decision: Refer to [36] Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 ss 34, 39 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Waverley Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 4.6, 6.2, 6.5, 6.7, 6.9, 6.12 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Junction Freeholds Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Solicitors: A Whealy, Mills Oakley (Applicant) S Patterson, Willshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2022/63422 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. DA-437/2021 (DA) by Waverley Council (Council). 2. The DA, as amended, seeks consent for the demolition of the existing structures and construction of a new retail and commercial building over two basement levels with site amalgamation at 86-88 Ebley Street, 90-94 Ebley Street and 13-17 Gray Street Bondi Junction, legally described as Lot 10 DP 792327, Lot 1 DP730423 and SP373389 (site). 3. In regard to the amendments, it is noted that: 1. Waverley Council, as the relevant consent authority, has agreed to the amendment of the application (pursuant to cl 55(1) of the Environmental Planning and Assessment Regulation 2000) to incorporate the plans at Condition 1(a) of Annexure A. 2. The amendments were lodged on the NSW planning portal on 10 August 2022. 3. The applicant has subsequently filed the amendments with the Court on 11 August 2022.