Airth v Waverley Council [2024] NSWLEC 1750

Land and Environment Court New South Wales

Medium Neutral Citation: Airth v Waverley Council [2024] NSWLEC 1750 Hearing dates: Conciliation conference 30 October 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No DA-278/2023 lodged with the Respondent on 6 October 2023, for the demolition of existing dwelling and garage on site, erection of a new 2 dwelling with loft and basement with pool to rear on land known as 411 Bronte Road, Bronte, also known as Lot 134 DP 1033, is determined by the grant of consent subject to conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION: demolition and construction of a new residential dwelling – conciliation conference – amended plans and materials – 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, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 23, 27, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Waverley Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 4.4A, 6.1, 6.2 Texts Cited: Waverley Development Control Plan 2022 Category: Principal judgment Parties: Hannah Airth (Applicant) Waverley Council (Respondent) Representation: Counsel: J Smith (Applicant) J Ede (Solicitor)(Respondent)