NB Capital Bondi Pty Ltd V Waverley Council [2026] NSWLEC 1268
Before: Harding AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by NB Capital Bondi Pty Ltd (the Applicant) against the deemed refusal of Development Application DA-455/2025, lodged with the Waverley Council (the Respondent), on 8 September 2025. The Development Application seeks Development Consent for the demolition of existing structures and the construction of a new dual occupancy (attached), inground swimming pools and strata subdivision at 25 Ha
Catchwords
DEVELOPMENT APPLICATION – dual occupancy –amended plans – conciliation conference – agreement between the parties – orders.
Outcome
The Court Orders that: (1) The Appeal is upheld. (2) Development Application DA-455/2025 for the demolition of existing structures and the construction of a new dual occupancy (attached), inground swimming pools and strata subdivision at 25 Hardy Street North Bondi, is determined by the grant of consent subject, to the conditions set out in Annexure ‘A’.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW), ss 34AA, 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 27, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Waverley Local Environmental Plan 2012, cll 4.3, 4.6, 6.2.
Read the full judgment
Authoritative text on NSW Caselaw · ~13k words
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