Cranbrook Group Property Wentworth Pty Ltd ATF Cranbrook Group Property Wentworth Unit Trust v Waverley Council [2026] NSWLEC 1733
Before: Creagh AC · NSW Land and Environment Court
Summary
This appeal concerns a development application for alterations and additions to the existing dwelling at 109 Wellington Street, Bondi Beach, NSW. Pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), the appeal was commenced against the deemed refusal of the application. In exercising the functions of the consent authority in relation to the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act.
Catchwords
APPEAL – development application – residential development – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA130/2026, as amended, for alterations and additions to the existing dwelling house at 109 Wellington Street, Bondi Beach NSW 2026 being Lot 1 in DP902170, subject to conditions at “Annexure A.”
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 8.7, 4.15, 4.16 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW) ss 27, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, sch 2 Waverley Local Environmental Plan 2012 cll 2.3, 2.7, 4.3, 4.4, 4.4A, 6.2, 6.15
Read the full judgment
Authoritative text on NSW Caselaw · ~10k words
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