Strykowski v Waverley Council [2020] NSWLEC 1334

Land and Environment Court New South Wales

Medium Neutral Citation: Strykowski v Waverley Council [2020] NSWLEC 1334 Hearing dates: Conciliation conference on 13-14 July 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the development application and rely on the plans and documents listed under condition A.1 of Annexure A. (2) The Applicant's written request dated July 2020 prepared by ABC Planning Pty Ltd pursuant to clause 4.6 of the Waverley Local Environmental Plan 2012 (WLEP) seeking a variation of the development standard for floor space ratio set out in clause 4.4A of the WLEP is upheld. (3) The appeal is upheld. (4) Development consent is granted to development application number DA-311/2019, lodged on 24 September 2019, for demolition of existing dwelling and construction of a dual occupancy with strata subdivision at 10 Kobada Road, Dover Heights in accordance with the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy, (July 2020) Waverley Development Control Plan 2012 Category: Principal judgment Parties: June Strykowski (Applicant) Waverley Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)