Attard v Waverley Council [2023] NSWLEC 1610

Land and Environment Court New South Wales

Medium Neutral Citation: Attard v Waverley Council [2023] NSWLEC 1610 Hearing dates: Conciliation conference held on 25 September 2023 Date of orders: 17 October 2023 Decision date: 17 October 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Applicant's written request prepared by Planning Ingenuity dated 1 September 2023 pursuant to clause 4.6 of the Waverley Local Environmental Plan 2012 (WLEP 2012) to vary the floor space ratio development standard in clause 4.4 of the WLEP 2012 is upheld. (2) The appeal is upheld. (3) Development Application DA-251/2022, as amended, seeking demolition and construction of a part two/three storey dwelling with two car garage, new swimming pool and terrace on Lot 1 Deposited Plan 965138, also known as 395 Bronte Road, Bronte is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a new dwelling – breach in floor space ratio standard – written request for variation in development standard – conciliation conference – 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 2021, ss 23, 37, 38 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 Waverley Local Environmental Plan 2012, cll 2.3, 4.4, 4.4A, 4.6 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: George Attard (First Applicant) Liana Attard (Second Applicant) Waverley Council (Respondent) Representation: Counsel: D Loether (Applicants) S Patterson (Respondent)