Shrimpton v Waverley Council [2023] NSWLEC 1709

Land and Environment Court New South Wales

Medium Neutral Citation: Shrimpton v Waverley Council [2023] NSWLEC 1709 Hearing dates: Conciliation conference held on 13 November 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The written request pursuant to clause 4.6 of the Waverley Local Environmental Plan 2012 dated 13 November 2023 prepared by A Square Planning is upheld. (2) The appeal is upheld. (3) Development Application DA-230/2022 (DA) for alterations and additions to the dwelling including the construction of a double garage, skylight, new swimming pool and deck at the rear on land identified as Lot D in DP314150 located at 494 Bronte Road Bronte is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA, 39 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, s 2.11, Ch 4, s 4.6 Waverley Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 4.6, 6.2 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: A Smith (Applicant) J Ede (Solicitor) (Respondent) Representation: Solicitors: Boskovitz Lawyers (Applicant) Willshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2023/149466 Publication restriction: No