Burrell v Waverley Council [2024] NSWLEC 1032

Land and Environment Court New South Wales

Medium Neutral Citation: Burrell v Waverley Council [2024] NSWLEC 1032 Hearing dates: Conciliation conference held on 24 and 25 January 2024 Date of orders: 01 February 2024 Decision date: 01 February 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The applicant is directed to file the amendments to Development Application DA 57/2023 that arise from the s 34 conciliation conference within 7 days of these orders. (2) The applicant's written request, prepared by Lockrey Planning and Development Solutions Pty Ltd, dated 30 August 2023, and made pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012 (WLEP 2012) to vary the height development standard in cl 4.3 of the WLEP 2012 is upheld. (3) The appeal is upheld. (4) Development Application DA-57/2023, as amended, seeking demolition and construction of a three-storey dwelling with basement garage and swimming pool on Lot 2 Deposited Plan 73583, also known as 25 St Thomas Street, 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 height development 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, 27, 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, s 4.6 Waverley Local Environmental Plan 2012, cll 2.3, 4.3, 4.6, 6.2 Texts Cited: Waverley Community Development Participation and Consultation Plan Waverley Development Control Plan 2012 Category: Principal judgment Parties: Andrew John Burrell (Applicant) Waverley Council (Respondent) Representation: Counsel: A Knox (Solicitor)(Applicant) S Patterson (Solicitor)(Respondent)