Common Office Pty Ltd v Waverley Council [2023] NSWLEC 1625

Land and Environment Court New South Wales

Medium Neutral Citation: Common Office Pty Ltd v Waverley Council [2023] NSWLEC 1625 Hearing dates: Conciliation conference on 18-19 October 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent DA-462/2021 relating to the demolition of existing structures and erection of dual occupancy dwellings at land identified as 12 Princess Street, Rose Bay, being Lot 12 in Section B in DP 4185 is modified in the terms set out in Annexure 'A'. (3) Development consent DA-462/2021, as modified by the Court and described as DA-462/2021/A, is set out in Annexure 'B'. (4) The applicants are to file the plans and documents referred at Order (2) above within 7 days of the judgment being delivered. Catchwords: APPEAL – modification application – dual occupancy dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Common Office Pty Ltd (First Applicant) Ricky Rosettenstein (Second Applicant) Joshua Dov Wisemam (Third Applicant) Waverley Council (Respondent) Representation: Counsel: J Reid (Applicants) C Rose (Solicitor) (Respondent)