Nicholas Tang Holdings Pty Limited v Waverley Council [2020] NSWLEC 1072

Land and Environment Court New South Wales

Medium Neutral Citation: Nicholas Tang Holdings Pty Limited v Waverley Council [2020] NSWLEC 1072 Hearing dates: Conciliation conference on 4 December 2019 Date of orders: 06 March 2020 Decision date: 06 March 2020 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended Class 1 Application, a copy of which is annexed and marked "A". (2) The Applicant is granted leave to rely on the amended plans, copies of which are annexed and marked "B for the purposes of the development application. (3) The Applicant is to pay the Respondent's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $15,000 within 30 days. (4) The Applicant's written request under clause 4.6 of the Waverley Local Environmental Plan 2012 for contravention of the maximum height development standard imposed by clause 4.3 of the Waverley Local Environmental Plan 2012 is well founded. (5) The Applicant's written request under clause 4.6 of the Waverley Local Environmental Plan 2012 for contravention of the maximum FSR development standard imposed by clause 4.4 of the Waverley Local Environmental Plan 2012 is well founded. (6) The Appeal is upheld. (7) Development Applicant No. 40/2019 for the demolition of two boarding houses and one residential flat building and the erection of a new four storey residential flat building and basement parking at 278, 280 and 282 Birrell Street, Bondi is approved subject to the conditions annexed and marked "C". Catchwords: DEVELOPMENT APPLICATION — residential flat building — 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 (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Waverley Local Environmental Plan 2012 Texts Cited: Apartment Design Guide Waverley Development Control Plan 2012 Category: Principal judgment Parties: Nicholas Tang Holdings Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) S Patterson (Solicitor) (Respondent)