Castlefield Corner Pty Ltd v Waverley Council [2020] NSWLEC 1208

Land and Environment Court New South Wales

Medium Neutral Citation: Castlefield Corner Pty Ltd v Waverley Council [2020] NSWLEC 1208 Hearing dates: 15 April 2020 Date of orders: 08 May 2020 Decision date: 08 May 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court Orders: (1) The appeal is upheld. (2) Development Application No. 43/2019 for the demolition of the existing residential detached dwelling house and the partial demolition of two existing semi-detached dwelling houses and the construction of a three storey residential flat building that is reliant, in part, on the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, over basement level car parking at 5, 7, and 9 Castlefield Street, Bondi is approved subject to the conditions in Annexure A. (3) The exhibits are returned with the exception of Exhibits A, B, 1 and 2. Catchwords: DEVELOPMENT APPLICATION – Demolition of an existing residential flat building and partial demolition of two semi-detached dwellings – construction of new residential flat building – parties agreed – public objections – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Waverley Local Environmental Plan 2012 Texts Cited: AAAC Guideline for Apartment and Townhouse Acoustic Rating Apartment Design Guide Land and Environment Court of New South Wales, Practice Note Class 1 Development Appeals, (April 2018) Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Waverley Development Control Plan 2011 Category: Principal judgment Parties: Castlefield Corner Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Counsel: M Seymour (Applicant) S Patterson (Solicitor) (Respondent)