Nadel v Waverley Council [2023] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Nadel v Waverley Council [2023] NSWLEC 1276 Hearing dates: Conciliation conference on 18 April 2023 Date of orders: 05 June 2023 Decision date: 05 June 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to amend the development application to rely on the plans and documents listed at Condition 1 of Annexure A. (2) The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed in the sum of $7,500 within 28 days. (3) The clause 4.6 written variation request dated May 2023 prepared by GSA Planning is upheld. (4) The appeal is upheld. (5) Development consent is granted to development application no. DA-180/2022 for alterations and additions to Unit 4 of the existing residential flat building at 81-83 O'Brien Street, Bondi Beach, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.18 Environmental Planning and Assessment Regulation 2021, ss 29, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 s 4.6 State Environmental Planning Policy No 55—Remediation of Land (repealed) State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 4, 28, 30 Waverley Local Environmental Plan 2012, cll 4.1, 4.3, 4.4, 4.6, 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: James Ryan Nadel (Applicant) Waverley Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) K Mortimer (Solicitor) (Respondent)