Weinberg v Waverley Council [2020] NSWLEC 1460

Land and Environment Court New South Wales

Medium Neutral Citation: Weinberg v Waverley Council [2020] NSWLEC 1460 Hearing dates: Conciliation conference on 24 September 2020 Date of orders: 29 September 2020 and amended on 12 October 2020 Decision date: 29 September 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the following: (a) Architectural Plans by Wayne Black and Associates Pty. Ltd. – ARCHITECTS, Job No. 294(B), Sheets 1 7, sheets 1 and 4 dated 3 September 2020, sheets 2, 3 and 5 dated 15 September 2020, and sheets 6 and 7 dated 2 September 2020; (b) Landscape Plan dated 3 September 2020 (c) Stormwater Discharge Plan by Zimmerman Engineers, Project No. 2563, Dwg 1 Rev D, dated 21 September 2020; (d) BASIX certificate dated 21 August 2020; and (e) Site Waste & Recycling Management Plan dated 22 January 2019. (2) The appeal is upheld. (3) Development application DA-427/2019 seeking the consent for alterations and additions to the existing dwelling located at the rear of the site and strata subdivision at 3 Gilgandra Road, North Bondi is approved subject to the conditions in Annexure A. Catchwords: APPEAL – development application – dual occupancy – alterations and additions to one of the dwellings – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: Mark Weinberg (Applicant) Waverley Council (Respondent) Representation: Counsel: S Berveling (Applicant) S Patterson (Solicitor) (Respondent)