Levy v Waverley Council [2023] NSWLEC 1229

Land and Environment Court New South Wales

Medium Neutral Citation: Levy v Waverley Council [2023] NSWLEC 1229 Hearing dates: Conciliation conference on 16 March 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application, to rely on amended plans. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Application No 144/2022 to demolish the existing buildings, construct a dual occupancy (attached), and strata subdivision into two lots, at 39 Glenayr Avenue, North Bondi, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a dual occupancy (attached) development – strata subdivision into two lots Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15, 8.7 Land and Environment Court Act 1979, ss 34, 39 Waverley Local Environmental Plan 2012, cll 4.4, 4.4A, 4.6 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Anne Levy (Applicant) Waverley Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)