Saturn Eight Pty Ltd v Waverley Council [2019] NSWLEC 1341

Land and Environment Court New South Wales

Medium Neutral Citation: Saturn Eight Pty Ltd v Waverley Council [2019] NSWLEC 1341 Hearing dates: Conciliation conference on 11 June 2019 and 1 July 2019 Date of orders: 23 July 2019 Decision date: 23 July 2019 Jurisdiction: Class 1 Before: Smithson C Decision: (1) Leave is granted to the Applicant to amend Development Application No. DA/308/2018 the subject of these proceedings and to rely upon the amended plans referred to in Condition 1 of the attached conditions being Annexure 'A' to these orders; (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EP&A Act"), the Applicant is to pay those costs of the Respondent that are thrown away as a result of amending the development application in the amount of $13,000.00 within 28 days of these orders. (3) The appeal is upheld. (4) Development Application DA/308/2018 to demolish two single dwellings and construct 8 townhouses with integrated basement car parking at 607-609 Old South Head Road, Rose Bay is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Waverley Local Environmental Plan 2012 Texts Cited: Waverley Development Control 2012 Category: Principal judgment Parties: Saturn Eight Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Solicitors: A Boskovitz, Boskovitz Lawyers (Applicant) M Hanna, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2018/336573 Publication restriction: No