MH Development One Pty Ltd v Waverley Council [2023] NSWLEC 1072

Land and Environment Court New South Wales

Medium Neutral Citation: MH Development One Pty Ltd v Waverley Council [2023] NSWLEC 1072 Hearing dates: Conciliation Conference on 13-14 February 2023 Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. DA-82/2016 is modified in the terms in Annexure A. (3) Development Consent No. DA-82/2016 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION: modification application for residential flat building in R2 Medium density residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 7.4, 8.9 Environmental Planning and Assessment Regulation 2021, s102, 113, Sch 7 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 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 6.1, 6.2, 6.9 Cases Cited: Bureau SRH Pty Ltd v Waverley Council [2017] NSWLEC 1159 SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Texts Cited: Waverley Planning Agreement Policy 2014 (Amendment No. 4) Category: Principal judgment Parties: MH Development One Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)