Universal Mill Bondi Pty Ltd v Waverley Council [2024] NSWLEC 1706

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Mill Bondi Pty Ltd v Waverley Council [2024] NSWLEC 1706 Hearing dates: Conciliation conference on 2 and 17 October 2024 Date of orders: 05 November 2024 Decision date: 05 November 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court Orders: (1) The Applicant is granted leave to rely upon the amended Plan of Management dated 7 October 2024 and filed on 28 October 2024. (2) The appeal is upheld. (3) Modification No DA-79/2019/D to modify Development Application No DA-79/2019 for the Mill Hotel, 59B Oxford Street, Bondi Junction NSW 2022, being Lot 2 in Deposited Plan 1254471, is approved in accordance with Annexure A. (4) Development Consent No DA-79/2019 as modified by the Court pursuant to DA-79/2019/D for the Mill Hotel, 59B Oxford Street, Bondi Junction NSW 2022, being Lot 2 in Deposited Plan 1254471, is in accordance with Annexure B. Catchwords: MODIFICATION APPLICATION – hours of operation – noise and amenity - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4,15, 4.17, 4.55, 8.9, 8.10 Land and Environment Court Act 1979, ss 17, 34 Liquor Act 2007 Environmental Planning and Assessment Regulation 2021, s 98 Waverley Local Environmental Plan 2012, Dictionary Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Feldkirchen Pty Ltd v Development Implementation Pty Ltd (2022) 254 LGERA 114; [2022] NSWCA 227 Texts Cited: Waverley Community Participation Plan 2019 Waverley Development Control Plan 2022 Category: Principal judgment Parties: Universal Mill Bondi Pty Ltd ACN 639225102 (Applicant) Waverley Council ABN 12502583608 (Respondent) Representation: Counsel: D Plowman (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)