Topper v Waverley Council [2024] NSWLEC 1186

Land and Environment Court New South Wales

Medium Neutral Citation: Topper v Waverley Council [2024] NSWLEC 1186 Hearing dates: Conciliation conference on 4 April 2024 Date of orders: 16 April 2024 Decision date: 16 April 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld; (2) Modification Application 365/2014/B is approved and development Consent No. 365/2014 is further modified in the terms in Annexure A; (3) Development Consent No. 365/2014 as modified by the Court is set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.9, 4.15, 4.55 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022 Waverley Local Environment Plan 2012, cl 1.9 Cases Cited: North Sydney Council v Michael Standley and Associates (1998) 43 NSWLR 468 at 481 D; [1998] NSWSC 163 Carey-Evans and Quist as Executors of the Estate of Carey-Evans v Wu (2022) 256 LGERA 1; [2022] NSWLEC 144 JEA Holdings (Aust) Pty Ltd v Registrar-General of New South Wales [2024] NSWSC 85 Category: Principal judgment Parties: Justin Benjamin Topper (Applicant) Waverley Council (Respondent) Representation: Counsel: M Wright SC (Applicant) S Patterson (Solicitor) (Respondent)