Rihani v Waverley Council [2022] NSWLEC 1292

Land and Environment Court New South Wales

Medium Neutral Citation: Rihani v Waverley Council [2022] NSWLEC 1292 Hearing dates: 4-5 May 2022 Date of orders: 6 June 2022 Decision date: 06 June 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA-320/2021 for partial demolition of an existing two storey semi-detached dwelling and construction of an additional level and new hardstand car space, at 12 Narelle Street North Bondi, is determined by refusal of consent. (3) The exhibits are returned except Exhibits 2, A and D which are retained. Catchwords: DEVELOPMENT APPLICATION – dwelling house ––floor space ratio contravention – streetscape character – weight to development control plan provisions Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) Waverley Development Control Plan 2012 Category: Principal judgment Parties: Sophia Zara Rihani (Applicant) Waverley Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)