MHN Design Union Pty Limited v Waverley Council [2023] NSWLEC 1272

Land and Environment Court New South Wales

Medium Neutral Citation: MHN Design Union Pty Limited v Waverley Council [2023] NSWLEC 1272 Hearing dates: Conciliation conference on 11 May 2023 Date of orders: 02 June 2023 Decision date: 02 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application No. 246/2022, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed, payable within 28 days of such agreement or assessment. (2) The appeal is upheld. (3) Development Application No. 246/2022 for the substantial demolition (retention of a portion of boundary walls and façade) and alterations and additions to the existing residential flat building, including construction of a basement and associated site and landscaping works, at 58 Campbell Parade, Bondi Beach, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – partial demolition of existing residential flat building and construction of a residential flat building – contravention of the height of buildings development standard – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 4.65, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 Waverley Local Environmental Plan 2012, cll 4.3, 4.6 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: MHN Design Union Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Patterson (Solicitor) (Respondent)