Murray v Waverley Council [2022] NSWLEC 1421

Land and Environment Court New South Wales

Medium Neutral Citation: Murray v Waverley Council [2022] NSWLEC 1421 Hearing dates: Conciliation conference on 30 June 2022 Date of orders: 12 August 2022 Decision date: 12 August 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development Consent is granted to Development Application DA/91/2021/1 for alterations and additions to an existing dwelling house including a new first floor addition and rear deck at 37 Read Street, Bronte subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – dwelling house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Waverley Local Environmental Plan 2012 cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2 Category: Principal judgment Parties: Malcolm John Murray (Applicant) Waverley Council (Respondent) Representation: Counsel: J Farrell (Applicant) S Patterson (Solicitor) (Respondent)