Phillip House Nursing Home Pty Ltd v Waverley Council [2023] NSWLEC 1549

Land and Environment Court New South Wales

Medium Neutral Citation: Phillip House Nursing Home Pty Ltd v Waverley Council [2023] NSWLEC 1549 Hearing dates: Conciliation Conference 8 September 2023 Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is granted leave to rely on the documents listed at paragraph 17(1) of this judgment. (2) The applicant shall pay the Respondent's costs thrown away by reason of the amendment of the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $3,000.00 within 14 days of the date of this order. (3) The appeal is upheld. (4) Development Consent is granted to Development Application DA-94/2021/A for demolition of existing structures; and construction of a 3-storey boarding house for persons aged over 55, containing 40 rooms plus a managers unit and basement carparking at 319-321 Bronte Road, Waverley, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – appeal against conditions of consent – boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, Pt 2, Div 3, cll, 29, 30 Category: Principal judgment Parties: Phillip House Nursing Home Pty Ltd ACN 001 389 626 (Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor)(Applicant) S Patterson (Solicitor)(Respondent)