R N B Property Group v Waverley Council [2024] NSWLEC 1259

Land and Environment Court New South Wales

Medium Neutral Citation: R N B Property Group v Waverley Council [2024] NSWLEC 1259 Hearing dates: Conciliation conference 9 May 2024 Date of orders: 17 May 2024 Decision date: 17 May 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The application is granted. (2) Pursuant to section 4.55(8) of the Environmental Planning and Assessment Act 1979, Modification Application DA/296/2019/D for amendment to the ground floor level including creation of an additional commercial space at 97 Glenayr Avenue Bondi Beach, NSW 2106 in the terms set out in Annexure A is approved. (3) The terms of the consolidated Development Consent DA/296/2019 are set out in Annexure B. Catchwords: MODIFICATION APPLICATION – application to the Court to modify a Court-granted consent shop top housing – conciliation conference – agreement reached. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022 Waverley Local Environmental Plan 2012, cll 4.4, 4.6, Cases Cited: Glenayr Pty Ltd v Waverley Council [2021] NSWLEC 1139 Texts Cited: Waverley Council Planning Agreement Policy 2014 Category: Principal judgment Parties: R N B Property Group Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)