MYGA Investments Pty Ltd v Waverley Council (No 2)

[2022] NSWLEC 1066

Land and Environment Court

New South Wales

Medium Neutral Citation:

MYGA Investments Pty Ltd v Waverley Council (No 2) [2022] NSWLEC 1066

Hearing dates:

Conciliation conference on 18 November 2021

Date of orders:

10 February 2022

Decision date:

10 February 2022

Jurisdiction:

Class 1

Before:

Shiels AC

Decision:

The Court Orders:

(1) The appeal is upheld.

(2) Development consent be granted to DA-7/2021 in respect of the property at 2 Princess St, Rose Bay, comprising of Lot 7 of Section B in Deposit Plan 4185, for the demolition of an existing single storey building and the erection of three townhouses comprising a multi-dwelling housing development and associated strata subdivision, subject to the conditions of consent in Annexure A.

(3) Consent is granted subject to the conditions of consent annexed hereto and marked “A”.

Catchwords:

DEVELOPMENT APPLICATION – 2x3 Storey and 1x2 Storey Townhouses – Hearing – agreement between the parties

Legislation Cited:

Land and Environment Court Act 1979, s34

Category:

Principal judgment

Parties:

MYGA Investments Pty Ltd (Applicant)
Waverley Council (Respondent)

Representation:

Counsel:
I Hemings SC (Applicant)
S Patterson (Solicitor) (Respondent)

Solicitors:
Hones Lawyers (Applicant)
Wilshire Webb Staunton Beattie (Respondent)

File Number(s):

2021/87341

Publication restriction:

No

Judgment

1. COMMISSIONER: On 18 January 2022, I concluded that I was satisfied, based on the evidence of the Council, that the likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, are acceptable and that the site is suitable for the development as proposed.

2. I am satisfied that those amendments addressed the concerns of the Council and that the proposal is in the public interest.

3. 3 As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties’ decision. To enable me to make this judgement, the parties needed to lodge the Amended Application on the NSW Planning Portal.

4. Accordingly, I made the following directions:

1. The applicant is to lodge the Amended Application referred to above on the NSW Planning portal, within seven days of the date of these orders, and notify the respondent after it has been lodged.

2. In the event the applicant is unable to lodge the Amended Application on the NSW planning portal in accordance with the above order, the applicant is to notify the respondent and the court via Online Court as soon as possible but no later than 14 days after the date of these orders and request the matter to be relisted for further directions. 

5. As the Amended Application has now been lodged, the Court Orders:

1. The appeal is upheld.

2. Development consent be granted to DA-7/2021 in respect of the property at 2 Princess St, Rose Bay, comprising of Lot 7 of Section B in Deposit Plan 4185, for the demolition of an existing single storey building and the erection of three townhouses comprising a multi-dwelling housing development and associated strata subdivision, subject to the conditions of consent in Annexure A.

3. Consent is granted subject to the conditions of consent annexed hereto and marked “A”.

…………………….

Dr Gary Shiels

Acting Commissioner of the Court

Annexure A (376218, pdf)

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Decision last updated: 10 February 2022