Bondi Beach Ventures Pty Ltd v Waverley Council [2019] NSWLEC 1602

Land and Environment Court New South Wales

Medium Neutral Citation: Bondi Beach Ventures Pty Ltd v Waverley Council [2019] NSWLEC 1602 Hearing dates: Conciliation conference on 15 November 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (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 of $18,809.00 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 Planning Ingenuity (contained at Annexure B), seeking to justify the contravention of the height of buildings development standard in clause 4.3 of WLEP is upheld. (4) The appeal is upheld. (5) Development Consent be granted to DA-361/2018 seeking consent to demolish the existing structures and to construct a five storey shop top housing development over basement level parking at the property at 134-138 Campbell Parade, Bondi Beach, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 55 – Remediation of Land Waverley Local Environmental Plan 2012 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012 Texts Cited: Waverley Development Control Plan 2012. Category: Principal judgment Parties: Bondi Beach Ventures Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: G Baron (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)