Ocean Crown Family Pty Ltd v Waverley Council [2022] NSWLEC 1687

Land and Environment Court New South Wales

Medium Neutral Citation: Ocean Crown Family Pty Ltd v Waverley Council [2022] NSWLEC 1687 Hearing dates: Conciliation conference held 28 October and 16 November 2022, final agreement filed 16 November 2022 Date of orders: 09 December 2022 Decision date: 09 December 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-169/2022 and rely upon amended plans and documents referred to in condition 1 at Annexure A. (2) Pursuant to s 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 $13,400 within 28 days of these orders. (3) The Applicant's written request, pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012 (WLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the WLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA-169/2022 for the demolition of an existing two-storey brick building and one-storey brick shop, removal of existing trees in front yard and removal of boundary fencing, and construction of a four-storey shop-top housing development containing five units and two shops on the ground floor, with two levels of basement parking, at 150-152 Glenayr Avenue, Bondi, subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop-top housing development – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, cll 29, 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012, cll 4.3, 4.6, 6.1, 6.3, 6.9 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) NSW Department of Planning, Apartment Design Guide (2015) Category: Principal judgment Parties: Ocean Crown Family Pty Ltd (First Applicant) P&G Bondi Pty Ltd Waverley Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Staunton (Respondent)