128 Hewlett Street Pty Ltd v Waverley Council [2023] NSWLEC 1504

128 Hewlett Street Pty Ltd v Waverley Council [2023] NSWLEC 1504

The Court upheld the Applicant's written requests under clause 4.6 WLEP to vary height of buildings and floor space ratio development standards, having found the amended application resolves relevant contentions, addresses public submissions, and meets the environmental and planning requirements, thus granting consent to the amended development.

Parties
Applicant: 128 Hewlett Street Pty Limited; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
06 September 2023
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions
Legal Topics
Development Application, Height of Buildings, Floor Space Ratio, Local Environmental Planning, Public Submissions, Variation of Development Standards, Heritage, Acid Sulfate Soils, Earthworks, Building Sustainability
Environmental Law Planning Law Development Application Height of Buildings Floor Space Ratio Local Environmental Planning Public Submissions Variation of Development Standards +4 more

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Parties

128 Hewlett Street Pty Limited

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted to the amended development application
  2. 2 Whether variance to height and floor space ratio development standards is justified under clause 4.6 of the Waverley Local Environmental Plan 2012
  3. 3 Whether environmental and planning requirements are satisfied

Ratio Decidendi

The Court upheld the Applicant's written requests under clause 4.6 WLEP to vary height of buildings and floor space ratio development standards, having found the amended application resolves relevant contentions, addresses public submissions, and meets the environmental and planning requirements, thus granting consent to the amended development.

Court Disposition

Appeal upheld; development consent granted with conditions

Orders

  • Leave granted to Applicant to amend Development Application DA-304/2022 and rely upon amended plans and documents as per Annexure A.
  • Applicant to pay Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed.