Taub v Waverley Council [2022] NSWLEC 1735

Land and Environment Court New South Wales

Medium Neutral Citation: Taub v Waverley Council [2022] NSWLEC 1735 Hearing dates: Conciliation conference on 7 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent be granted to Development Application No. DA-219/2021 for alterations and additions to a semi-detached dwelling, including new front car space at 68 Chaleyer Street, Rose Bay, also known as Lot 1 in Deposited Plan 514506, subject to the conditions at 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, 4.18, 8.2, 8.7 Environment Planning and Assessment Regulation 2000 cl 3, 55 Environment Planning and Assessment Regulation 2021, Sch 6 cl 3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (BASIX Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.3, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 55 – Remediation of Land Waverley Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 4.4A, 5.10, 6.1, 6.4, 6.9 Texts Cited: Waverley Community Participation Plan 2019 Waverley Development Control Plan 2012 Category: Principal judgment Parties: Andrew Taub (Applicant) Waverley Council (Respondent) Representation: Counsel: J Smith (Applicant) J Ede (Solicitor)(Respondent)