Benima Pty Ltd ATF Ben Harkham Family Trust v Waverley Council [2024] NSWLEC 1012

Land and Environment Court New South Wales

Medium Neutral Citation: Benima Pty Ltd ATF Ben Harkham Family Trust v Waverley Council [2024] NSWLEC 1012 Hearing dates: Conciliation Conference on 1 November 2023 Date of orders: 18 January 2024 Decision date: 18 January 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-72/2022 for demolition of the existing structures and construction of a new residential flat building comprising of 11 apartments (including affordable housing units) and associated landscaping works at 79 Anglesea Street, Bondi, subject to conditions contained in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.10, 8.11, 8.14 Environmental Planning and Assessment Regulation 2021, s 29 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 16, 17, 18, 19, 21; Div 2 s 25 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Housing) 2023 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development, cll 4, 28, 30 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 6.2 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Benima Pty Ltd ATF Ben Harkham Family Trust (Applicant) Waverley Council (Respondent) Representation: Counsel: B Harkham (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)