Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13:

1. COMMISSIONER: This judgment concerns two Class 1 appeals to the Court in respect of a shop top housing development already under construction (existing development) at Bondi Beach. The existing development under DA No DA-472/2022, was approved by the Court on 1 September 2023 pursuant to a s 34 conciliation conference and Agreement: Clutch Developments Pty Ltd v Waverley Council [2023] NSWLEC 1496.

2. The Applicant subsequently acquired the property to the west, adjoining the existing site which was consolidated into the existing development requiring a second DA and a Modification to the current operational DA No DA-472/2022 (existing DA).

3. The current proceedings before the Court comprise the following:

1) Appeal No 2024/71549 - appeal from the deemed refusal of DA-381/2023 (second DA) - seeks consent for the demolition of an existing building and construction of a new shop top housing development at 135 - 139 Curlewis Street, Bondi Beach, being land identified as SP20512; and

2) Appeal No 2024/71554 - application direct to the Court for the modification of No DA-472/2022/A (MOD application) - seeks approval to modify the existing consent granted by the Court on 1 September 2023 for the demolition of existing buildings, lot amalgamation and construction of a new shop top housing development with two levels of basement parking at 141 - 155 Curlewis Street, Bondi Beach and currently under construction.

4. The total land of the development being Nos 135-155 Curlewis St comprises Lot A in DP955097, Lot 1 in DP724290, Lot 1 in DP102895 and Lot 1 in DP724793 which will be consolidated at completion.

5. The Court arranged a conciliation conference under s 34(2)(a) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on-site and at Court.

6. The conciliation conference was adjourned on two occasions to facilitate the Applicant amending plans and providing further documents to the Council's satisfaction (Amended DA). Following that process the parties reached an agreement in each matter as to the terms of a decision in the proceedings that would be acceptable to the parties and which addressed the Council's contentions in both matters.

7. Under s 34(3) of the LEC Act, I must dispose of the Class 1 proceedings in accordance with the parties' decision if it is a decision that the Court could have made in the proper exercise of its functions.

8. The parties' experts agree that all Contentions raised in the Statement of Facts and Contentions filed in the Court on 27 March 2024 (SOFAC) have been resolved by the preparation of:

1) Amended plans and documents listed in the Notations at the end of this judgment for each matter; and

2) Agreed conditions of consent.

9. There are jurisdictional pre-requisites which require my satisfaction before the power to grant consent to the second DA and approve the Modification Application under the respective provisions of the Environmental Planning and Assessment Act 1979 (EPA Act) (ss 8.9 and 8.11) and LEC Act (ss 17(d) and 39(2)) can be exercised by the Court. The parties outlined jurisdictional matters of relevance in an agreed Jurisdictional Statement ("the Statement") for each matter provided to the Court.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193b7e26bb129ab79b41577a)

Disclaimer: Curated by HT Syndication.