Bondi Crescent No 1 Pty Ltd v Waverley Council [2020] NSWLEC 1121

Land and Environment Court New South Wales

Medium Neutral Citation: Bondi Crescent No 1 Pty Ltd v Waverley Council [2020] NSWLEC 1121 Hearing dates: Conciliation conference on 10 March 2020 Date of orders: 13 March 2020 Decision date: 13 March 2020 Jurisdiction: Class 1 Before: Bish C 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 of $15,000 within 21 days of these orders. (3) The appeal is upheld. (4) Development Consent be granted to DA-395/2018 seeking consent for the demolition of all existing structures, and the construction of a new, nine (9) level residential flat building above a three (3) level basement at 21 Waverley Crescent, Bondi Junction, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential apartment 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: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Bondi Crescent No 1 Pty Ltd (First Applicant) Bondi Crescent No 2 Pty Ltd (Second Applicant) Waverley Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicants) S Patterson (Solicitor) (Respondent)