NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Spartalis v Waverley Council [2022] NSWLEC 1643 Hearing dates: Conciliation conference 17 November 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-7/2022 for demolition of the existing buildings and construction of a new two storey dwelling house with basement parking, swimming pool and new garage with studio at 129 Dover Road, Rose Bay, is determined by way of granting development consent, subject to conditions set out in Annexure B. Catchwords: APPEAL – development application – demolition of existing structures and the construction of a two-storey dwelling house with carport and studio at the rear – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, ss 34, 34AA Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Category: Principal judgment Parties: Sophie Spartalis (Applicant) Waverley Council (Respondent) Representation: Counsel: J Farrell (Applicant) K Mortimer (Solicitor) (Respondent)
Solicitors: Boskovitz Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/203518 Publication restriction: No
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