Smith v Waverley Council [2023] NSWLEC 1341

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Waverley Council [2023] NSWLEC 1341 Hearing dates: Conciliation Conference on 1 June 2023 Date of orders: 04 July 2023 Decision date: 04 July 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The Applicants' written request prepared by GSA planning dated 19 May 2023 pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012, to vary the floor space ratio development standard in cl 4.4 is upheld. (2) The appeal is upheld. (3) Development Consent is granted to Development Application DA-490/2022 for the demolition of the existing dwelling and construction of a two-storey, side-by-side attached dual occupancy above lower ground parking, each with three bedrooms, a study, a rear swimming pool and landscaping, at 15 Lord Howe Street, Dover Heights, subject to the conditions in accordance with Annexure "A". Catchwords: DEVELOPMENT APPEAL – 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 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Waverley Local Environmental Plan 2012, cll 2.2, 4.3, 4.4A, 4.6, 5.10, 5.21, 6.1, 6.2 Texts Cited: Waverley Council LGA Flood Study 2021 Waverley Council, Community Engagement Strategy, 2021 Waverley Development Control Plan 2012 Category: Principal judgment Parties: Morris Brian Smith (First Applicant) Lynne Smith (Second Applicant) Waverley Municipal Council (Respondent) Representation: Counsel: A Galesso SC (Applicant) J Ede (Solicitor)(Respondent)