Wainidiva Pty Limited v Waverley Council [2024] NSWLEC 1544

Wainidiva Pty Limited v Waverley Council [2024] NSWLEC 1544

Development consent granted for amended residential flat building as breaches of height and floor space ratio standards are justified by sufficient environmental planning grounds; amendments improve compatibility with streetscape and heritage conservation area; consent consistent with planning objectives and public interest; orders made in accordance with agreement reached under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
05 September 2024
Procedural Posture
Appeal Development Application / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's thrown away costs
Legal Topics
['development Application' 'residential Flat Building' 'height and Floor Space Ratio Controls' 'heritage Conservation' 'waste and Stormwater Management' 'conciliation Conference' 'costs']
['planning and Environment'] ['development Application' 'residential Flat Building' 'height and Floor Space Ratio Controls' 'heritage Conservation' 'waste and Stormwater Management' 'conciliation Conference' 'costs']

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Procedural Posture

Appeal Development Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for construction of a residential flat building with breaches of height and floor space ratio standards' 'Whether amendments to the development application justify consent notwithstanding non-compliance' 'Consideration of heritage impacts, waste, stormwater, site contamination, and urban design']

Ratio Decidendi

Development consent granted for amended residential flat building as breaches of height and floor space ratio standards are justified by sufficient environmental planning grounds; amendments improve compatibility with streetscape and heritage conservation area; consent consistent with planning objectives and public interest; orders made in accordance with agreement reached under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's thrown away costs

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application DA-170/2023 in the amount of $12,000 within 28 days." 'The appeal is upheld.' 'Development Application DA-170/2023 is determined by the grant of consent subject to conditions contained in Annexure A.']