CMT Architects Australia Pty Ltd v Waverley Council [2019] NSWLEC 1576

Land and Environment Court New South Wales

Medium Neutral Citation: CMT Architects Australia Pty Ltd v Waverley Council [2019] NSWLEC 1576 Hearing dates: Conciliation conference on 13 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans and documents referred to in Condition 1 of Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments to the development application occasioned by the amended plans in (1) above, in the amount of $20,000 within 28 days. (3) The appeal is upheld. (4) Development Application DA-548/2017 as amended which seeks consent for the demolition of existing buildings and construction of hotel/motel and retail/commercial development consisting of 14 guest rooms, retail/ commercial ground level and mezzanine level, landscaping and associated works is approved subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – commercial premises- hotel/motel accommodation– conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Act Regulation 2000 Land and Environment Court Act 1979 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: CMT Architects Australia Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: K Huxley (Solicitor) (Applicant) M Hanna (Solicitor) (Respondent)