Sixto Properties Pty Ltd v Waverley Council [2019] NSWLEC 1171

Land and Environment Court New South Wales

Medium Neutral Citation: Sixto Properties Pty Ltd v Waverley Council [2019] NSWLEC 1171 Hearing dates: 25 March 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) By agreement the applicant is granted leave to amend the development application and rely on the plans in Annexure 'A'; (2) By agreement the applicant is granted leave to amend the written variation requests and rely on the documentation contained in Exhibit D; (3) The appeal is upheld; (4) Development Application DA/448/2017 for demolition and construction of an attached dual occupancy including associated landscaping and Torrens title subdivision into two lots at 25 Glasgow Avenue, Bondi Beach is approved subject to the conditions in Annexure 'B'; (5) The exhibits are returned with the exception of Exhibits 3, B and D. Catchwords: DEVELOPMENT APPLICATION: new attached dual occupancies – Torrens title subdivision – variation to minimum lot size – variation to floor space ratio – planning experts agree development warrants approval – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Waverley Local Environmental Plan 2012 Cases Cited: Cumberland Council v Cando Management and Maintenance Pty Ltd [2018] NSWLEC 83 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Sharp v Hunters Hill Council [2002] NSWLEC 27 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Sixto Properties Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: J Reid (Applicant)