Newman v Waverley Council [2023] NSWLEC 1157

Land and Environment Court New South Wales

Medium Neutral Citation: Newman v Waverley Council [2023] NSWLEC 1157 Hearing dates: Conciliation Conference held 13 March 2023, final agreement filed 13 March 2023 Date of orders: 04 April 2023 Decision date: 04 April 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-345/2021 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) The appeal is upheld. (3) Consent is granted to Development Application DA-345/2021 (as amended) for demolition of existing structures and construction of a two-storey dwelling and associated works at 49 Military Road, Dover Heights, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – dwelling house – 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 2.12, 2.13, 4.6 Waverley Local Environmental Plan 2012, cll 2.3, 2.7, 5.10, 5.21, 6.1, 6.2, 6.15 Texts Cited: Waverley Local Government Area Flood Study 2020 Category: Principal judgment Parties: Georgina Newman (Applicant) Waverley Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) K Mortimer (Solicitor) (Respondent)