Concretive Capital Pty Ltd v Waverley Council [2019] NSWLEC 1523

Land and Environment Court New South Wales

Medium Neutral Citation: Concretive Capital Pty Ltd v Waverley Council [2019] NSWLEC 1523 Hearing dates: Conciliation conference on 11; 19 September 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: 1) Leave is granted to the Applicant to rely on the amended plans set out in condition A1 of Annexure A. 2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in the sum of $15,000 within 28 days of these orders. 3) The Applicant's written request under clause 4.6 of the Waverley Local Environmental Plan 2012 (WLEP), prepared by SJB Planning (NSW) Pty Ltd dated 3 October 2019 (contained in Annexure B), seeking to justify the contravention of the floor space ratio development standard in Clause 4.4 of the WLEP is upheld. 4) The appeal is upheld. 5) Development consent is granted to Development Application No. DA 452/2018 for the demolition of existing buildings and the construction of a four storey shop top housing development containing 6 apartments, ground floor commercial tenancy, basement parking and associated works on Lot 6 Deposited Plan 9036, known as 657 Old South Head Road, Rose Bay subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop top housing – amended design – 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 55 – Remediation of Land Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: Concretive Capital Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: C McEwan SC (Applicant) S Patterson (Solicitor) (Respondent)