NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Andrews AV Pty Ltd v Waverley Council [2024] NSWLEC 1598 Hearing dates: Conciliation Conference held on 31 July and 26 August 2024 Date of orders: 02 October 2024 Decision date: 02 October 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The Applicants are to pay the Respondent's costs thrown away by reason of the amendment of Development Application DA-285/2023 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $18,800 within 28 days of these orders being made. (2) The appeal is upheld. (3) Development Application DA-285/2023 for the demolition of existing buildings and the construction of a new 4-storey residential flat building with basement parking, two private swimming pools and a communal swimming pool and landscaping works and consolidation of lots at 1-7 Andrews Avenue, Bondi and 26 Glen Street, Bondi NSW 2026 is determined by the grant of consent subject to conditions contained in Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy Amendment (Housing) 2023 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 2, 4 Waverley Local Environmental Plan 2012, cll 4.3, 4.6, 6.1, 6.2, 6.14, 6.15 Category: Principal judgment Parties: Andrews AV Pty Ltd (First Applicant) MHN Design Union Pty Ltd (Second Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicants) S Patterson (Solicitor) (Respondent)
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