Da Cunha v Waverley Council [2024] NSWLEC 1312

Land and Environment Court New South Wales

Medium Neutral Citation: Da Cunha v Waverley Council [2024] NSWLEC 1312 Hearing dates: Conciliation conference on 4 and 5 June 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant's amended written request under clause 4.6 of the Waverley Local Environmental Plan 2012 (LEP), prepared by Larissa Ozog dated 5 June 2024 seeking a variation of the building height development standard under clause 4.3 of the LEP, is upheld. (3) Development Application DA-495/2022, as amended, for demolition of existing structures, construction of a new three-storey dwelling house with balconies, a double garage and pool at 492 Bronte Road, also identified as SP12683 is determined by the grant of consent subject to Conditions contained 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 s 4.6 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 4.4A, 4.6, 6.1, 6.2, 6.15 Category: Principal judgment Parties: Filipe Da Cunha (Applicant) Waverley Council (Respondent) Representation: Counsel: N Eastman (Applicant) M Staunton (Respondent)