NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McDonald v Waverley Council [2024] NSWLEC 1604 Hearing dates: Conciliation conference on 13 September 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA-289/2023 for alterations and additions to a semi-detached dwelling including a first-floor addition at 25 Gipps Street, Bronte is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential development – alterations and additions to semi- detached dwelling – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 27 State Environmental Planning Policy (Resilience and Hazards), s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Waverley Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.4A, 6.2 Texts Cited: Waverley Community Engagement Strategy 2023 Waverley Development Control Plan 2022 Category: Principal judgment Parties: Katherine McDonald (Applicant) Waverley Council (Respondent) Representation: Counsel: J Doyle (Applicant) J Ede (Solicitor) (Respondent)
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