Bernatovic v Waverley Council [2023] NSWLEC 1299

Land and Environment Court New South Wales

Medium Neutral Citation: Bernatovic v Waverley Council [2023] NSWLEC 1299 Hearing dates: Conciliation Conference 6 June 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA 212/2022, as amended during Land and Environment Court Proceedings No. 2022/369081, for demolition of the existing structures and construction of a part two, part three storey residential dwelling, including an integrated garage, swimming pool and associated landscaping at 11 Alexander Street, Tamarama, subject to the conditions of consent annexed hereto and marked "Annexure A". Catchwords: DEVELOPMENT APPEAL – residential development – 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 Environmental Planning and Assessment Regulation 2021, cll 27, 37 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 Waverley Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 4.4A, 5.10, 5.21, 6.1, 6.2,6.15 State Environmental Planning Policy No 55 – Remediation of Land 1998 State Environmental Planning Policy (Resilience and Hazards) 2021, s 2.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ch 2 Texts Cited: Waverley Council Coastal Risk Management Policy 2012 Category: Principal judgment Parties: Mario Bernatovic (Applicant) Waverley Council (Respondent) Representation: Counsel: J Farrell (Applicant) S Patterson (Solicitor)(Respondent)