Pillion v Waverley Council [2023] NSWLEC 1660

Land and Environment Court New South Wales

Medium Neutral Citation: Pillion v Waverley Council [2023] NSWLEC 1660 Hearing dates: Conciliation conference on 26 October 2023 Date of orders: 07 November 2023 Decision date: 07 November 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-359/2022 for alterations and additions to the existing dwelling including ground floor additions to the dwelling, façade alterations and internal modifications at 4 Wolaroi Crescent, Tamarama is determined by the grant of consent subject to conditions of consent contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to dwelling in R2 Low Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 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, ss 2.11, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 4.4A, 4.6, 6.1, 6.2, 6.15 Cases Cited: Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Category: Principal judgment Parties: Ray Pillion (Applicant) Waverley Council (Respondent) Representation: Counsel: J Farrell (Applicant) S Patterson (Solicitor) (Respondent)