Capital Bluestone (BJRSL) Pty Ltd v Waverley Council [2019] NSWLEC 1577

Capital Bluestone (BJRSL) Pty Ltd v Waverley Council [2019] NSWLEC 1577

The Court upheld the appeal, granting development consent with conditions, as the jurisdictional requirements and relevant planning objectives had been met, the minor exceedance in height was justified under cl 4.6 of the Waverley LEP 2012, and all parties agreed to the outcome following a conciliation conference.

Parties
Applicant: Capital Bluestone (BJRSL) Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
27 November 2019
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; conditional development consent granted
Legal Topics
Development Consent, Design Quality, Heritage Conservation, Development Standards, Residential Apartment Development
Planning Law Environmental Law Development Consent Design Quality Heritage Conservation Development Standards Residential Apartment Development

Case Brief

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Parties

Capital Bluestone (BJRSL) Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether jurisdictional prerequisites for granting development consent are met
  2. 2 Whether the proposal satisfactorily addresses planning controls and policies, including SEPP 55, SEPP 64, SEPP 65, and Waverley LEP 2012
  3. 3 Whether the proposed development satisfies objectives and standards regarding height, design, and heritage significance

Ratio Decidendi

The Court upheld the appeal, granting development consent with conditions, as the jurisdictional requirements and relevant planning objectives had been met, the minor exceedance in height was justified under cl 4.6 of the Waverley LEP 2012, and all parties agreed to the outcome following a conciliation conference.

Court Disposition

Appeal upheld; conditional development consent granted

Orders

  • The applicant is granted leave to rely on specified amended architectural plans prepared by Group GSA.
  • Leave is granted to rely on an amended clause 4.6 written request for exceeding maximum building height.