Bland v Waverley Council [2023] NSWLEC 1771

Land and Environment Court New South Wales

Medium Neutral Citation: Bland v Waverley Council [2023] NSWLEC 1771 Hearing dates: Conciliation Conference 12 September, 13 November 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application No DA‑334/2022, as amended, for alterations and additions to the existing dwelling including a new first floor addition on land identified as Lot 4 in Deposited Plan 9638 and known as 100 Francis Street, Bondi Beach NSW 2026, subject to conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions – dwelling house – 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 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Waverley Local Environmental Plan 2012, cll 4.3, 4.4A, 4.6, 6.2 Texts Cited: Waverley Development Control Plan 2012 Waverley Community Engagement Strategy Category: Principal judgment Parties: Martin Stanley Bland (First Applicant) Josefina Santos Bland (Second Applicant) Waverley Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicants) C Rose (Solicitor) (Respondent)