Bondi and Wellington Pty Ltd v Waverley Council [2024] NSWLEC 1680

Land and Environment Court New South Wales

Medium Neutral Citation: Bondi and Wellington Pty Ltd v Waverley Council [2024] NSWLEC 1680 Hearing dates: Conciliation conference on 11 October 2024 Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $10,000 within 28 days of the making of these orders. (2) The appeal is upheld. (3) Development Application DA-317/2023 for alterations and additions to two buildings, including two additional levels to the residential flat building on Wellington Street, two additional levels above the mixed-use building on Bondi Road, and integrated basement parking at 1 Wellington Street and 222-234 Bondi Road, Bondi (Lots 1 and 2 DP 230368), is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – shop top housing – alterations and additions – residential flat building – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 2, ss 47, 48, 147, Sch 7A, Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022 Waverley Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 4.6, 5.10, 6.14, 6.15, 6.16, Sch 5 Texts Cited: Waverley Development Control Plan 2022 Category: Principal judgment Parties: Bondi and Wellington Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: C Marginson (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)