Whiteway House (No.348) Pty Ltd v Waverley Council [2019] NSWLEC 1350

Land and Environment Court New South Wales

Medium Neutral Citation: Whiteway House (No.348) Pty Ltd v Waverley Council [2019] NSWLEC 1350 Hearing dates: Conciliation conference on 23 May 2019 Date of orders: 25 July 2019 Decision date: 25 July 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The Applicant is granted leave to amend the modification application to rely upon the amended architectural plans and landscape plans referred to in condition 1(a) and (b) of Annexure A. (2) The Appeal is upheld. (3) Modification Application No. 450/2012/A for modification of Development Consent No. 450/2012 for the demolition of the existing backpacker hostel and the erection of a four storey residential flat building containing 13 dwellings with basement parking and landscaping at 63 Fletcher Street, Tamarama is approved subject to the conditions in Annexure A. (4) As a consequence of Order (3), Development Consent No. 450/2012 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Whiteway House (No. 348) Pty Ltd v Waverley Council [2016] NSWLEC 1089 Category: Principal judgment Parties: Whiteway House (No.348) Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) M Staunton (Respondent)