Galea v Waverley Council [2022] NSWLEC 1460

Land and Environment Court New South Wales

Medium Neutral Citation: Galea v Waverley Council [2022] NSWLEC 1460 Hearing dates: Conciliation conference on 1 June 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: 1) The appeal is upheld. 2) The Applicant's written request under clause 4.6 of the Waverley Local Environmental Plan 2012 seeking a variation of the development standard for motorcycle parking spaces set out in clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 is upheld 3) Development consent is granted to development application DA-276/2021 for the demolition of the existing structures and construction a 4 storey boarding house incorporating 15 boarding rooms and a basement for storage and bicycle parking, subject to the conditions set out in Annexure A Catchwords: DEVELOPMENT APPEAL – boarding house —conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 30, 30A State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Waverley Local Environmental Plan 2012 cl 4.6 Category: Principal judgment Parties: Julian Galea (Applicant) Waverley Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)