Andrews AV Pty Ltd v Waverley Council [2024] NSWLEC 1598

Andrews AV Pty Ltd v Waverley Council [2024] NSWLEC 1598

The Court upheld the appeal and granted development consent as the amended application, supported by a written request for variation and environmental/planning reports, satisfied the requirements of the relevant statutory and planning instruments, and there were no jurisdictional barriers to granting consent under s 34(3) of the Land and Environment Court Act 1979.

Parties
First Applicant: Andrews AV Pty Ltd; Second Applicant: MHN Design Union Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
02 October 2024
Procedural Posture
Class 1 Development Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs order for amendment expenses in favour of Respondent.
Legal Topics
Development Application, Residential Flat Building, Conciliation Conference, Development Consent, Local Environmental Plan, Statutory Variation, Public Submissions
Planning and Environment Law Development Application Residential Flat Building Conciliation Conference Development Consent Local Environmental Plan Statutory Variation Public Submissions

Case Brief

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Parties

Andrews AV Pty Ltd

First Applicant

MHN Design Union Pty Ltd

Second Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Development Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether variation to maximum building height under cl 4.3 of Waverley Local Environmental Plan 2012 is justified
  2. 2 Whether the amended Development Application complies with relevant planning controls and policies
  3. 3 Whether development consent should be granted subject to agreed conditions

Ratio Decidendi

The Court upheld the appeal and granted development consent as the amended application, supported by a written request for variation and environmental/planning reports, satisfied the requirements of the relevant statutory and planning instruments, and there were no jurisdictional barriers to granting consent under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order for amendment expenses in favour of Respondent.

Orders

  • The Applicants are to pay the Respondent's costs thrown away by reason of the amendment of Development Application DA-285/2023, in the sum of $18,800 within 28 days.
  • The appeal is upheld.