Tricon Management Group Pty Ltd v Waverley Council [2019] NSWLEC 1526

Land and Environment Court New South Wales

Medium Neutral Citation: Tricon Management Group Pty Ltd v Waverley Council [2019] NSWLEC 1526 Hearing dates: Conciliation conference on 9 September 2019; 21 October 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Class 1 Before: Blakely AC Decision: The Court orders: (1) Leave is granted for the Applicant to rely on the amended plans and documents referred to in condition 1 of the conditions of consent at 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 a sum $10,000 within 28 days of these orders. (3) The appeal is upheld. (4) Development Consent be granted to DA-66/2019 seeking consent for the demolition of a building at 8-10 Council Street and the partial demolition of a building at 27 Paul Street and construction of a two and three storey affordable housing development with a total of 18 units and basement parking., subject to the conditions of consent in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – affordable housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 Waverley Local Environmental Plan 2012 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Tricon Management Group Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: A Pascale (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)