Kaplan v Waverley Council [2021] NSWLEC 1013

Land and Environment Court New South Wales

Medium Neutral Citation: Kaplan v Waverley Council [2021] NSWLEC 1013 Hearing dates: Conciliation conference on 7 December 2020; Hearing on 7 December 2020 Date of orders: 12 January 2021 Decision date: 12 January 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The appeal is dismissed. (2) Waverley Council Development Application No. DA-318/2019 for alterations and additions to a secondary dwelling at 28 Macdonald Street Vaucluse is refused. (3) The exhibits are returned with the exception of Exhibits A, B and 3. Catchwords: DEVELOPMENT APPLICATION – secondary dwelling – DCP compliance Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy Affordable Rental Housing 2009 Waverley Local Environmental Plan 2012 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 revised - 01/10/2004 Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Waverley Development Control Plan 2012 Category: Principal judgment Parties: Deborah Kaplan (Applicant) Waverley Council (Respondent) Representation: Counsel: M Kaplan – (Agent) (Applicant) S Patterson (Solicitor) (Respondent)