Cassa Blanka Pty Ltd v Waverley Council [2023] NSWLEC 1575

Land and Environment Court New South Wales

Medium Neutral Citation: Cassa Blanka Pty Ltd v Waverley Council [2023] NSWLEC 1575 Hearing dates: Conciliation conference on 13 September 2023 Date of orders: 04 October 2023 Decision date: 04 October 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-157/2022 for demolition of existing buildings, construction of a shop top housing development and basement carparking, including modification to approved shop top housing development DA-89/2016 and associated civil and landscaping works at 362-374 Oxford Street and 376-384 Oxford Street, Bondi Junction, subject to conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop top housing development in MU1 Mixed Use zone – modification of consent – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 4.53, 7.4, 8.7 Environmental Planning and Assessment Regulation 2021, ss 3, 29, 38, 67 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.99 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, 6.1, 6.2, 6.5, 6.7, 6.9, 6.12, 6.14, 6.15, Sch 5 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Waverley Council Community Consultation Plan 2019 Waverly Council Planning Agreement Policy 2014 (Amendment No 4) Waverley Development Control Plan 2012 Category: Principal judgment Parties: Cassa Blanka Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Patterson (Solicitor) (Respondent)