Flynn v Waverley Council [2024] NSWLEC 1622

Land and Environment Court New South Wales

Medium Neutral Citation: Flynn v Waverley Council [2024] NSWLEC 1622 Hearing dates: Conciliation conference on 23 September 2024; 2 October 2024 Date of orders: 08 October 2024 Decision date: 08 October 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA-465/2022 for the construction of a hardstand parking space within Utility Lot 7 with a driveway to access the parking spaces over common property, sandstone retaining walls, excavation and fill to level the portion of Lot 7 proposed as a car space, a new angled vehicular crossover, and landscaping within Lot 7 at 19A Brown Street, Bronte (Lot 21 in DP 19554) subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – construction of a hardstand parking space – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Waverley Local Environmental Plan 2012, cl 6.2 Texts Cited: Waverley Community Development Participation and Consultation Plan Waverley Development Control Plan 2012 Category: Principal judgment Parties: Ann Flynn (Applicant) Waverley Council (Respondent) Representation: Counsel: A Flynn (Self-represented) (Applicant) J Ede (Solicitor) (Respondent)