Cassa Blanka Pty Ltd v Waverley Council [2023] NSWLEC 1575

Cassa Blanka Pty Ltd v Waverley Council [2023] NSWLEC 1575

Consent was granted because the Court accepted both written requests for height and FSR exceedances as adequately addressing cl 4.6 of Waverley LEP 2012; the proposed development satisfies planning and heritage requirements, and a planning agreement ensures contributions to public benefit. There were no outstanding contentions and the Court is bound by s 34 of the Land and Environment Court Act 1979 to make final orders consistent with the parties' agreement.

Parties
Applicant: Cassa Blanka Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
04 October 2023
Procedural Posture
Appeal (class 1) / Final Determination After Conciliation Under S 34 Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Consent, Shop Top Housing, Development Standards Variance, Heritage Significance, Planning Agreement, Public Submissions
Planning and Environment Law Development Consent Shop Top Housing Development Standards Variance Heritage Significance Planning Agreement Public Submissions

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Parties

Cassa Blanka Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal (class 1) / Final Determination After Conciliation Under S 34 Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of shop top housing with associated works
  2. 2 Whether height and floor space ratio (FSR) exceedances are justified under cl 4.6 of Waverley LEP 2012
  3. 3 Whether heritage requirements are satisfied

Ratio Decidendi

Consent was granted because the Court accepted both written requests for height and FSR exceedances as adequately addressing cl 4.6 of Waverley LEP 2012; the proposed development satisfies planning and heritage requirements, and a planning agreement ensures contributions to public benefit. There were no outstanding contentions and the Court is bound by s 34 of the Land and Environment Court Act 1979 to make final orders consistent with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application DA-157/2022 for demolition of existing buildings and construction of a shop top housing development and basement carparking, including modification to approved shop top housing development DA-89/2016 and associated civil and landscaping works at 362-374...