Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application DA-298/2024 (DA) by Waverley Council.

2. The DA, as amended, seeks consent for the demolition of existing structures, removal of 12 trees, and construction of a four-storey residential flat building containing 9 apartments, including 2 affordable housing units and basement car parking, at 121 - 123 Glenayr Avenue Bondi Beach, legally identified as Lots 11 and 12 in DP 2216 (site).

Conciliation and agreement between the parties

3. The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (NSW) (Court Act), at which I presided. The conference was held on 10 June 2025.

4. Through the conciliation process, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to them. Under s 34(3) of the Court Act, I must dispose of the proceedings in accordance with the parties' decision if that decision is one that the Court could have made in the proper exercise of its functions.

5. The decision agreed upon is for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act. The signed agreement is supported by a jurisdictional statement that sets out the matters the Court must consider prior to the grant of development consent. I have considered the contents of the statement together with the documents referred to therein, the Class 1 Application and its attachments (Class 1), the bundle of documents provided with the s 34 agreement (s 34 bundle) and the documents that are referred to in condition 1 of Annexure A. Based on those documents, I have considered the matters required to be considered pursuant to s 4.15(1) of the EPA Act.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1981077e318f53ba2008ec35)

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