Martin v Waverley Council [2024] NSWLEC 1788

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v Waverley Council [2024] NSWLEC 1788 Hearing dates: Conciliation conference on 21 November 2024 Date of orders: 06 December 2024 Decision date: 06 December 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA-211/2024 seeking consent for the partial demolition and substantial alterations and additions to the dwelling house including new first-floor addition, hardstand car space, swimming pool and tree removal at the rear on land identified as Lot B in DP300188 located at 6 Collingwood Street, Bronte in the State of New South Wales is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – Alterations and additions to a residential dwelling – conciliation conference – amended plans – 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 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 27, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Waverley Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 4.4A, 5.10, 6.1, 6.2, 6.15, Sch 5 Texts Cited: Waverley Community Engagement Strategy 2023 Waverley Development Control Plan 2022 Category: Principal judgment Parties: Tyrone Martin (First Applicant) Tanya Martin (Second Applicant) Waverly Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicants) S Patterson (Solicitor) (Respondent)