Bondi Beach Ventures Pty Ltd v Waverley Council [2023] NSWLEC 1274

Land and Environment Court New South Wales

Medium Neutral Citation: Bondi Beach Ventures Pty Ltd v Waverley Council [2023] NSWLEC 1274 Hearing dates: Conciliation conference on 21 February 2023 Date of orders: 02 June 2023 Decision date: 02 June 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent that were thrown away as a result of amending the development application in the sum of $18,000 within 28 days. (2) The applicant's written request prepared by GSA Planning dated April 2023, pursuant to clause 4.6 of the Waverley Local Environmental Plan 2012, to vary the height of buildings development standard in clause 4.3 is upheld, a copy of which is Annexure "A". (3) The appeal is upheld. (4) Development consent is granted to development application DA-271/2022 for the demolition of existing buildings on site, amalgamation of two lots and construction of a 4-storey shop top housing building with two levels of basement parking, ground floor retail and residential units above, subject to conditions in accordance with Annexure "B". Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17 Environmental Planning and Assessment Regulation 2021, s 38, Sch 7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.5, 6.9, 6.14, 6.15 Cases Cited: 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 Texts Cited: Apartment Design Guide Waverley Community Participation Plan 2019 Category: Principal judgment Parties: Bondi Beach Ventures Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: N Palmer (Solicitor) (Applicant) K Mortimer (Solicitor) (Respondent)