Deutsch v Waverley Council [2024] NSWLEC 1663

Land and Environment Court New South Wales

Medium Neutral Citation: Deutsch v Waverley Council [2024] NSWLEC 1663 Hearing dates: Conciliation conference on 4 October 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Class 1 Before: Washington 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 agreed amount of $14,000 within 28 days of the date of these orders. (2) The Applicant's written request, prepared by LK Planning dated 27 August 2024, made pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012, to vary the height development standard in cl 4.3 of the Waverley Local Environmental Plan 2012, is upheld. (3) The appeal is upheld. (4) Development Application No. DA-367/2022, as amended, for the retention of the front of the existing building, demolition and construction of a shop-top housing development containing four units at 56 Campbell Parade, Bondi Beach, is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – shop top housing – 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, ss 34, Water Management Act 2000, s 90 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, s 147, Ch 4, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 2.12, 2.13, 4.6, Ch 2 Waverley Local Environmental Plan 2012, cll 4.3, 4.6, 6.1, 6.9, 6.16, Category: Principal judgment Parties: Robert Deutsch (Applicant) Waverley Council (Respondent) Representation: Counsel: A Adams (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)