Bondi Beach Ventures Pty Ltd v Waverley Council [2019] NSWLEC 1602

Bondi Beach Ventures Pty Ltd v Waverley Council [2019] NSWLEC 1602

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions. The development application had landowner consent, had been notified, was accompanied by required BASIX and design verification material, addressed contamination through a deferred commencement condition, was permissible as shop top housing in the B4 Mixed Use zone, complied with remaining WLEP development standards, and the Applicant's clause 4.6 request justified the 16.4m height where the standard was 15m. The Court was therefore required to dispose of the proceedings...

Jurisdiction
Australia
Judgment Date
04 December 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 361/2018 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conferences and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'shop Top Housing' 'height Development Standard Variation' 'clause 4.6 Written Request' 'costs Thrown Away by Amended Development Application']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'shop Top Housing' 'height Development Standard Variation' 'clause 4.6 Written Request' 'costs Thrown Away by Amended Development Application']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 361/2018 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conferences and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent could be granted for demolition and construction of a five storey shop top housing development over basement level parking at 134-138 Campbell Parade, Bondi Beach.' "Whether the Applicant's clause 4.6 written request justified contravention of the height of buildings development standard in clause 4.3 of Waverley Local Environmental Plan 2012."]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions. The development application had landowner consent, had been notified, was accompanied by required BASIX and design verification material, addressed contamination through a deferred commencement condition, was permissible as shop top housing in the B4 Mixed Use zone, complied with remaining WLEP development standards, and the Applicant's clause 4.6 request justified the 16.4m height where the standard was 15m. The Court was therefore required to dispose of the proceedings...

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['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.' '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...