Waverley Crescent Pty Limited v Waverley Council [2010] NSWLEC 1195

Land and Environment Court of New South Wales

CITATION : Waverley Crescent Pty Limited v Waverley Council [2010] NSWLEC 1195

APPLICANT PARTIES : Waverley Crescent Pty Limited RESPONDENT Waverley Council

FILE NUMBER(S) : 10950 of 2009

CORAM: Dixon C

KEY ISSUES: CONSENT ORDERS - DEVELOPMENT CONSENT :- residential flat building

Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996 LEGISLATION CITED: Waverley Development Control Plan 2006 Waverley Local Environmental Plan [Bondi Junction] 2010 Waverley Development Control Plan 2008

CASES CITED: Segal&Anor V Waverley Council [2005] NSWCA 310

DATES OF HEARING: 15 June 2010

EX TEMPORE JUDGMENT DATE : 15 June 2010

Mr I Hemmings (barrister) instructed by Ms S Hill LEGAL REPRESENTATIVES:

Mr M Staunton (barrister) instructed by Mr S Patterson

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Dixon C

15 June 1010

10950 of 2009 Waverley Crescent Pty Limited v Waverley Council This determination was given extemporaneously and has been edited prior to publication

JUDGMENT

Background 1 The applicant seeks consent to erect a 9 storey residential flat building consisting of 9 apartments and 2 levels of basement car parking on a site at 5-7 Waverley Crescent, Bondi Junction. 2 The appeal was first listed before me on 11 March 2010, for a s34 conciliation conference when the conference was adjourned to allow the applicant an opportunity to amend the development to address the issues detailed in the council's statement of facts and contentions filed with the Court on 10 December 2009. 3 At the request of the parties the s34 conference was terminated and the matter was re-listed today for the making of consent orders to approve the development based on amended plans; described as revision D and shadow diagram revision E in Exhibit 3. The consent orders hearing commenced onsite and this provided me with an opportunity to hear the objectors' evidence in respect of the amended plans and the hearing was completed in Court. 4 At the hearing the Court received oral and written evidence from the applicant's consultant planner Mr Moody and the Council's consultant planner Ms Gordon in respect of the amended plans and the agreed conditions. The amended plans and conditions were notified to the objectors under council's notification policy.