Ocean Crown Family Pty Ltd v Waverley Council [2022] NSWLEC 1687

Ocean Crown Family Pty Ltd v Waverley Council [2022] NSWLEC 1687

The appeal was upheld and development consent granted because the amended DA resolved all issues raised by the respondent and public submissions, and the written request to vary the height of buildings development standard under WLEP cl 4.6 was justified, resulting in no material adverse environmental impacts.

Parties
Applicant: Ocean Crown Family Pty Ltd; Applicant: P&G Bondi Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Class 1 Appeal (development Application) / Conciliation Conference and Determination
Outcome
Appeal upheld, consent granted
Legal Topics
Development Application, Height of Buildings, Variation of Development Standards, Public Interest, Planning Instruments
Planning and Environment Law Development Application Height of Buildings Variation of Development Standards Public Interest Planning Instruments

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Parties

Ocean Crown Family Pty Ltd

Applicant

P&G Bondi Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Conciliation Conference and Determination

Legal Issues

  1. 1 Whether amended DA-169/2022 should be approved despite exceeding the height of buildings standard
  2. 2 Whether Applicant's written request to vary the development standard for height satisfies WLEP cl 4.6
  3. 3 Whether development complies with relevant planning instruments and standards

Ratio Decidendi

The appeal was upheld and development consent granted because the amended DA resolved all issues raised by the respondent and public submissions, and the written request to vary the height of buildings development standard under WLEP cl 4.6 was justified, resulting in no material adverse environmental impacts.

Court Disposition

Appeal upheld, consent granted

Orders

  • Leave granted to Applicant to amend DA-169/2022 and rely on amended plans/documents.
  • Applicant to pay Respondent's costs thrown away as a result of amending the DA in the agreed sum of $13,400 within 28 days.