Bronswood Pty Ltd v Waverley Council [2024] NSWLEC 1035

Bronswood Pty Ltd v Waverley Council [2024] NSWLEC 1035

The amended development application satisfies the relevant statutory prerequisites and planning controls for consent; Council supports clause 4.6 variations and conditions; Court grants consent in accordance with parties' agreement and orders applicant to pay costs thrown away due to amendment.

Parties
Applicant: Bronswood Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
05 February 2024
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order made.
Legal Topics
Development Application, Shop Top Housing, Consent Conditions, Clause 4.6 Variations, Conciliation Conference, Costs
Planning Law Environmental Law Development Application Shop Top Housing Consent Conditions Clause 4.6 Variations Conciliation Conference Costs

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Parties

Bronswood Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Grant of development consent for demolition and construction of shop top housing building
  2. 2 Compliance with Waverley Local Environment Plan 2012 for height, floor space ratio, acid sulfate soils, earthworks, heritage, flood planning, stormwater, waste management
  3. 3 Compliance with State Environmental Planning Policies

Ratio Decidendi

The amended development application satisfies the relevant statutory prerequisites and planning controls for consent; Council supports clause 4.6 variations and conditions; Court grants consent in accordance with parties' agreement and orders applicant to pay costs thrown away due to amendment.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order made.

Orders

  • The applicant is to pay the respondent's costs thrown away by reason of the amendment of development application DA-327/2022 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed.
  • The appeal is upheld.