Clutch Developments Pty Ltd v Waverley Council [2023] NSWLEC 1496

Land and Environment Court New South Wales

Medium Neutral Citation: Clutch Developments Pty Ltd v Waverley Council [2023] NSWLEC 1496 Hearing dates: Conciliation Conference on 7 June 2023 [amended plans filed 4 August 2023] Date of orders: 01 September 2023 Decision date: 01 September 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $22,000 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-472/2022, as amended, for the demolition of existing buildings, lot amalgamation and construction of a new shop top housing development with two levels of basement parking, at 141 – 155 Curlewis Street, Bondi Beach, being Lot A in DP955097, Lot 1 in DP724290, Lot 1 in DP102895 and Lot 1 in DP724793, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition existing buildings – construction shop top housing – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.5, 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002, cll 28, 29, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Waverley Local Environmental Plan 2012, cll 4.3, 4.6, 6.1, 6.2, 6.5 Category: Principal judgment Parties: Clutch Developments Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) K Mortimer (Solicitor) (Respondent)