Shrimpton v Waverley Council [2023] NSWLEC 1685

Land and Environment Court New South Wales

Medium Neutral Citation: Shrimpton v Waverley Council [2023] NSWLEC 1685 Hearing dates: Conciliation Conference 16 and 17 October 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-411/2022, as amended, for demolition and construction of a new two-storey dwelling with basement double car parking, solar panels, swimming pool at rear and tree removal at 3 Calga Avenue, Bronte on land identified as Lot 3 in DP 362444 is determined by the grant of consent subject to conditions contained in Annexure A. (3) The Applicant is to file the plans and documents referred to in order (2) within 7 days of judgment being delivered. Catchwords: APPEAL – Residential development application - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.10, 8.11, 8.14 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, ss 17, 34, 34AA, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 cll 2.11, 4.6 Waverley Local Environmental Plan 2012 cll 2.7, 4.3, 4.4, 6.1, 6.2. Texts Cited: Waverley Development Control Plan 2012 Waverley Development Control Plan 2022 Category: Principal judgment Parties: Marc Shrimpton (Applicant) Waverley Council (Respondent) Representation: Counsel: J Farrell (Applicant) S Patterson (Solicitor) (Respondent)