Derakhshandegan v Waverley Council [2022] NSWLEC 1423

Land and Environment Court New South Wales

Medium Neutral Citation: Derakhshandegan v Waverley Council [2022] NSWLEC 1423 Hearing dates: Conciliation conference on 21 and 30 June, and 8 July 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the plans and documents listed under Condition A.1(a) of Annexure A. (2) The Applicant shall pay the Respondent's costs pursuant to section 8.15(3); payment to be made within 28 days of these orders. Environmental Planning and Assessment Act 1979 in the sum of $8,000.00. (3) The Applicant's written request, prepared by ABC Planning Pty Ltd and dated July 2022, made pursuant to cl 4.6 of Waverley Local Environmental Plan 2012 (WLEP) to vary the floor space ratio development standard at cl 4.4 of WLEP is upheld. (4) The Appeal is upheld. (5) Development application number DA-496/2021, lodged on 18 November 2021, for demolition of dwelling and construction of two x three storey detached dwelling houses each with own swimming pool, integrated parking, tree removal and Torrens title subdivision at 9 Blandford Avenue, Bronte, is approved subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.14 Environmental Planning and Assessment Regulation 2000, cll 55, 77 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.8, 2.9, 2.10, 2.11, 2.12, 4.6 Waverley Local Environmental Plan 2012, cll 2.3, 4.1A, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2 Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy, (April 2021) Waverley Development Control Plan 2012 Category: Principal judgment Parties: Kivan Derakhshandegan (Applicant) Waverley Council (Respondent) Representation: Counsel: J Reid (Applicant) C Rose (Solicitor) (Respondent)