Charara v Waverley Council [2021] NSWLEC 1650

Land and Environment Court New South Wales

Medium Neutral Citation: Charara v Waverley Council [2021] NSWLEC 1650 Hearing dates: 8 July 2021 and 1 October 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The Court is satisfied that the Applicant's Written Request seeking to justify the contravention of the development standard in cll 4.4 and 4.4A of the Waverley Local Environmental Plan 2012 has adequately addressed the matters required to be demonstrated by cl 4.6(3) of the Waverley Local Environmental Plan 2012, and that the Proposed Development would be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out. (3) The appeal is upheld. (4) Development Application No. DA-92/2020 to carry out alterations and additions to an existing dwelling house at 427 Bronte Road, Bronte legally described as Lot 5 in DP 12755, is determined by granting consent to the application subject to the conditions in Annexure A. Catchwords: APPEAL – residential development – alterations and additions – cl 4.6 written request to justify contravention of floor space ratio development control – conditions of consent – prior complying development certificate – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Waverley Local Environmental Plan 2012, cll 4.4, 4.4A, 4.6 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Wollongong City Council v Vic Vellar Nominees Pty Limited (2010) 178 LGERA 445; [2010] NSWLEC 266 Category: Principal judgment Parties: Tony Charara (Applicant) Waverley Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) M Staunton (Respondent)