Southern Freeholds Pty Ltd v Waverley Council [2024] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: Southern Freeholds Pty Ltd v Waverley Council [2024] NSWLEC 1218 Hearing dates: Conciliation conference on 19 April 2024 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $10,100 within 28 days of these orders. (2) The Applicant's written request, prepared by LK Planning dated 7 December 2023, made pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012 to vary the maximum building height development standard in cl 4.3 of the Waverley Local Environmental Plan 2012, is upheld. (3) The Applicant's written request, prepared by LK Planning dated 7 December 2023, made pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012 to vary the maximum floor space ratio development standard in cl 4.4 of the Waverley Local Environmental Plan 2012, is upheld. (4) The appeal is upheld. (5) Development Application No. DA-210/2023, as amended, for the demolition of the rear of the existing building and the construction of a new four storey rear addition and basement parking level, four retail tenancies on the ground floor and five residential units above at 99-101 Hall Street, Bondi Beach, is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop top housing – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 29, 37, 38 Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ch 4, ss 144, 147, sch 7A, s 8, sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Waverley Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6, 5.10, 6.2, 6.9, 6.10, 6.15, 6.16 Texts Cited: Apartment Design Guide, Pts 3, 4 Category: Principal judgment Parties: Southern Freeholds Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)