Harris v Waverley Council [2024] NSWLEC 1306

Land and Environment Court New South Wales

Medium Neutral Citation: Harris v Waverley Council [2024] NSWLEC 1306 Hearing dates: Conciliation conference on 30 and 31 May 2024 Date of orders: 07 June 2024 Decision date: 07 June 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant's written request prepared by Brett Daintry of DA planning dated 4 June 2024, pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012 ("WLEP"), seeking to vary the development standard for floor space ratio as set out at cl 4.4A of the WLEP, is upheld. (2) The appeal is upheld. (3) Development Application DA‑178/2023 for the demolition and construction of a 3-storey dwelling with integrated basement parking, relocation of driveway, associated landscaping and tree removal, at Lot 5 DP 15588 known as 30 Dellview Street, Tamarama is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: APPEAL – development application – dwelling house – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA, 39 Environmental Planning and Assessment Regulation 2021, s 27, 37, 38 Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.11, 4.6 Waverley Local Environmental Plan 2012, cll 4.4, 4.4A 4.6, 6.1, 6.2 Category: Principal judgment Parties: Andrew Harris (Applicant) Waverley Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Berveling (Respondent)