Bondi Beach Ventures Pty Ltd v Waverley Council [2023] NSWLEC 1274

Bondi Beach Ventures Pty Ltd v Waverley Council [2023] NSWLEC 1274

The amended development application satisfies the legal requirements of the EPA Act, relevant SEPPs and the LEP standards or their justified variations, and following agreement between the parties and consideration of all jurisdictional matters, development consent is appropriately granted with conditions; the clause 4.6 request for height variation is upheld as being reasonable, justified, and in the public interest.

Parties
Applicant: Bondi Beach Ventures Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
02 June 2023
Procedural Posture
Appeal Development Application / Judgment After Conciliation Conference and Amended Application
Outcome
Appeal upheld; development consent granted subject to conditions; respondent's thrown-away costs ordered to be paid by applicant.
Legal Topics
Development Application, Development Standards, Planning Approval, Costs, Variation to Standard
Planning and Environment Development Application Development Standards Planning Approval Costs Variation to Standard

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Parties

Bondi Beach Ventures Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal Development Application / Judgment After Conciliation Conference and Amended Application

Legal Issues

  1. 1 Whether development consent should be granted to the amended application for shop top housing at 34-38 Hall Street, Bondi Beach
  2. 2 Whether the proposal meets the requirements under the Environmental Planning and Assessment Act 1979 and relevant SEPPs and LEP standards
  3. 3 Whether a clause 4.6 variation of the height development standard is justified under the Waverley LEP

Ratio Decidendi

The amended development application satisfies the legal requirements of the EPA Act, relevant SEPPs and the LEP standards or their justified variations, and following agreement between the parties and consideration of all jurisdictional matters, development consent is appropriately granted with conditions; the clause 4.6 request for height variation is upheld as being reasonable, justified, and in the public interest.

Court Disposition

Appeal upheld; development consent granted subject to conditions; respondent's thrown-away costs ordered to be paid by applicant.

Orders

  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's thrown away costs from amendment of the application in the sum of $18,000 within 28 days.
  • The applicant's written request to vary the height development standard (clause 4.6, Waverley Local Environmental Plan 2012) is upheld.