Wainidiva Pty Limited v Waverley Council [2024] NSWLEC 1544

Land and Environment Court New South Wales

Medium Neutral Citation: Wainidiva Pty Limited v Waverley Council [2024] NSWLEC 1544 Hearing dates: Conciliation conference on 30 August 2024 Date of orders: 05 September 2024 Decision date: 05 September 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application DA-170/2023 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed in the amount of $12,000 within 28 days. (2) The appeal is upheld. (3) Development Application DA-170/2023 for the Construction of a new residential flat building with integrated parking, associated landscaping and consolidation of lots at 22-26 Edward Street, Bondi NSW 2026 is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: APPEAL – development application – residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 37, 38 State Environmental Planning Policy (Housing) 2021, s 147, Ch 4, Sch 7A cl 8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.14, 6.15 Category: Principal judgment Parties: Wainidiva Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)