Lewis v Waverley Council [2022] NSWLEC 1056

Land and Environment Court New South Wales

Medium Neutral Citation: Lewis v Waverley Council [2022] NSWLEC 1056 Hearing dates: Conciliation conference on 1 February 2022 Date of orders: 4 February 2022 Decision date: 04 February 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The written request pursuant to clause 4.6 of the Waverley Local Environmental Plan 2012 to vary the development standard in clause 4.3, Height prepared by GSA Planning dated January 2022, is upheld; (2) the appeal is upheld; (3) consent is granted for development application no. DA48/2021, for the alterations and additions to dwelling house, including a rear second floor addition at 134 Hewlett Street, Bronte NSW, subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling house – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cl 14 Waverley Local Environmental Plan 2012, cll 4.3, 4.6, 6.1, 6.2 Category: Principal judgment Parties: D'Leanne Lewis (Applicant) Waverley Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Paterson (Solicitor) (Respondent)