NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Bronswood Pty Ltd v Waverley Council [2024] NSWLEC 1035 Hearing dates: Conciliation conference on 4 August 2023; 22 September 2023; 30 November 2023 and 19 December 2023 Date of orders: 05 February 2024 Decision date: 05 February 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away by reason of the amendment of development application DA-327/2022 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development application DA-327/2022 for the demolition of the existing buildings and construction of a new part four and part five-storey shop top housing building with basement parking at 104-106 Bronte Road, Bondi Junction NSW 2022 is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – shop top housing development with basement parking – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.15(3) Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Flat Development Waverley Local Environment Plan 2012, cll 2.7, 4.1, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.9, 6.12, 6.14, 6.15 Texts Cited: Apartment Design Guide Waverley Development Control Plan 2012 Category: Principal judgment Parties: Bronswood Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)
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