Admark Investments Pty Ltd v Waverley Council [2022] NSWLEC 1249

Admark Investments Pty Ltd v Waverley Council [2022] NSWLEC 1249

Because the amended proposal satisfied the applicable statutory preconditions, including the boarding house standards, compatibility with local character, development standards for FSR and height, and heritage considerations, the parties' agreement was a decision the Court could have made in the proper exercise of its functions and the appeal was upheld with consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
16 May 2022
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. 6/2021 / Final Orders Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's thrown away costs.
Legal Topics
['development Application' 'boarding House' 'retail Tenancy' 'conciliation Conference' 'amended Application' 'heritage Conservation Area' 'costs Thrown Away']
['environmental and Planning Law' 'development Consent' 'land and Environment Court Proceedings'] ['development Application' 'boarding House' 'retail Tenancy' 'conciliation Conference' 'amended Application' 'heritage Conservation Area' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. 6/2021 / Final Orders Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement reached at the s 34 conciliation conference was a decision the Court could have made in the proper exercise of its functions." 'Whether development consent could be granted to the amended proposal under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the amended proposal satisfied the applicable standards for boarding houses under cl 30 of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether the amended proposal was compatible with the character of the local area under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether the amended proposal affected the heritage significance of the Bondi Beach Conservation Area.']

Ratio Decidendi

Because the amended proposal satisfied the applicable statutory preconditions, including the boarding house standards, compatibility with local character, development standards for FSR and height, and heritage considerations, the parties' agreement was a decision the Court could have made in the proper exercise of its functions and the appeal was upheld with consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's thrown away costs.

Orders

  • ['The appeal is upheld.' 'Development Application No. 6/2021 for alterations and additions to an existing building and use as a retail tenancy on the ground level and a boarding house, at 148 Curlewis Street, Bondi Beach, is determined by the grant of consent, subject to the conditions of consent at Annexure A.'...