Levitt v Waverley Council [2024] NSWLEC 1316

Land and Environment Court New South Wales

Medium Neutral Citation: Levitt v Waverley Council [2024] NSWLEC 1316 Hearing dates: Conciliation Conference on 2 May 2024 Date of orders: 12 June 2024 Decision date: 12 June 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) The request pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012 to vary the development standard for height of building control contained within cl 4.3 thereof, as prepared by Navon Planning dated April 2024, is upheld. (3) The request pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012 to vary the development standard for the floor space ratio control contained within cl 4.4 thereof, as prepared by Navon Planning dated April 2024, is upheld. (4) Development consent is granted to development application No. DA-301/2022 for demolition of an existing dual occupancy and construction of a new attached dual occupancy including basement car parking, swimming pools, tree removal, landscaping and strata subdivision at 68 Gilbert Street, Dover Heights 2030, legally known as CP in SP 75491 and Lots 3 and 4 in SP 83312, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – clause 4.6 variations - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, ss 34, 34AA, 39 Strata Schemes Development Act 2015 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Former Ch 8, Former Ch 10 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 2.2, 2.7, 4.1, 4.3, 4.4, 4.6, 5.6, 5.10, 5.21, 6.1, 6.2, 6.4, 6.15 Texts Cited: Waverley Community Development Participation and Consultation Plan 2019 Waverley Development Control Plan 2012 Waverley Development Control Plan 2012 – Amendment No. 9 Category: Principal judgment Parties: A Levitt (First Applicant) G Di Bartolomeo (Second Applicant) Waverley Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) A Rutherford (Respondent)