128 Hewlett Street Pty Ltd v Waverley Council [2023] NSWLEC 1504

Land and Environment Court New South Wales

Medium Neutral Citation: 128 Hewlett Street Pty Ltd v Waverley Council [2023] NSWLEC 1504 Hearing dates: Conciliation conference held 7 August 2023. Final agreement filed 8 August 2023 Date of orders: 06 September 2023 Decision date: 06 September 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-304/2022 and rely upon the amended plans and documents referred to in condition 1 at Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The Applicant's written request, pursuant to clause 4.6 of the Waverley Local Environmental Plan 2012 (WLEP), seeking to vary the development standard for height of buildings as set out at clause 4.3 of the WLEP, is upheld. (4) The Applicant's written request, pursuant to clause 4.6 of the WLEP, seeking to vary the development standard for floor space ratio as set out at clause 4.4 of the WLEP, is upheld. (5) The appeal is upheld. (6) Consent is granted to Development Application DA-304/2022 (as amended) for demolition of the existing residential apartment building and construction of multi-dwelling housing comprising nine dwellings, with basement parking and swimming pools at 122-128 Hewlett Street, Bronte, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Waverley Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Planning and Environment, Planning Circular PS 18-003, February 2018 Category: Principal judgment Parties: 128 Hewlett Street Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) M Staunton (Respondent)