NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Clutch Developments No.2 Pty Ltd v Waverley Council; Clutch Developments Pty Ltd v Waverley Council [2024] NSWLEC 1804 Hearing dates: Conciliation conference on 15 August and 2 September: Final submissions 19 September 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: In Proceedings No 2024/71549 The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA-381/2023, for the demolition of existing buildings and construction of a new shop top housing development at 135 – 139 Curlewis Street, Bondi Beach, being land of SP20512, subject to the conditions of consent in Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $8,000 to be paid within 28 days of orders being made. In Proceedings No 2024/71554 The Court orders: (1) The appeal is upheld and the modification application is granted. (2) Development Consent No DA-472/2022 is modified in the terms in Annexure A1. (3) Development Consent No DA-472/2022 as modified by the Court is at Annexure B. Catchwords: APPEAL – DEVELOPMENT APPEAL – consolidation of adjoining lot to existing development – shop top housing – MODIFICATION – modification of existing DA – conciliation conference – agreements reached – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.5, 4.15, 4.56, 8.7, 8.9. 8.11, 8.15 Land and Environment Court Act 1979, ss 17, 34, 39 Environmental Planning and Assessment Regulation 2021, ss 38, 113 Waverley Local Environmental Plan 2012, cll 1.2, 4.3, 4.6 Category: Principal judgment Parties: Proceedings 2024/71549 Clutch Developments No.2 Pty Ltd (Applicant) Waverly Council (Respondent)
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