NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Fenbury Living Pty Ltd v Waverley Council [2025] NSWLEC 1055 Hearing dates: Conciliation Conference held 24 January 2025 Date of orders: 04 February 2025 Decision date: 04 February 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No DA-246/2022 is modified in the terms in Annexure A. (3) Development Consent No DA-246/2022 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification of consent – residential flat building - conciliation conference – agreement between the parties - - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.56, 8.9 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 105, 113 Cases Cited: MHN Design Union Pty Limited v Waverley Council [2023] NSWLEC 1272 Texts Cited: Waverley Community Engagement Strategy 2023 Category: Principal judgment Parties: Fenbury Living Pty Ltd ACN 658 631 531 (Applicant) Waverley Council (Respondent) Representation: Counsel: A De Mattia (Solicitor)(Applicant) D Taylor (Solicitor)(Respondent) Solicitors: Mills Oakley (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2024/281837 Publication restriction: No
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