Bondi and Wellington Pty Ltd v Waverley Council [2024] NSWLEC 1680

Bondi and Wellington Pty Ltd v Waverley Council [2024] NSWLEC 1680

The Court upheld the appeal and granted consent to the amended development application DA-317/2023, including variations to development standards, as sufficient justification was provided for exceedances, heritage impacts were acceptable, statutory requirements under the relevant planning instruments were satisfied, and the parties agreed to resolution under s 34 of the Land and Environment Court Act 1979.

Parties
Applicant: Bondi and Wellington Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
29 October 2024
Procedural Posture
Appeal From Refusal of Development Application / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Shop Top Housing, Alterations and Additions, Residential Flat Building, Consent Orders, Conciliation Conference, Section 34 Agreement
Planning and Environment Law Development Application Shop Top Housing Alterations and Additions Residential Flat Building Consent Orders Conciliation Conference Section 34 Agreement

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Parties

Bondi and Wellington Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal From Refusal of Development Application / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development application DA-317/2023 should be granted consent, including proposed amendments and variations of development standards under Waverley Local Environmental Plan 2012 clause 4.6
  2. 2 Whether heritage and amenity impacts of the proposed development are acceptable
  3. 3 Whether the application complies with relevant planning instruments and statutory prerequisites

Ratio Decidendi

The Court upheld the appeal and granted consent to the amended development application DA-317/2023, including variations to development standards, as sufficient justification was provided for exceedances, heritage impacts were acceptable, statutory requirements under the relevant planning instruments were satisfied, and the parties agreed to resolution under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $10,000 within 28 days.
  • The appeal is upheld.