Steley v Waverley City Council [2025] NSWLEC 1037

Land and Environment Court New South Wales

Medium Neutral Citation: Steley v Waverley City Council [2025] NSWLEC 1037 Hearing dates: 19-20 September 2024. Final submissions received 29 October 2024. Date of orders: 24 January 2025 Decision date: 24 January 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application No. 392/2023 for alterations and additions to the existing semi-detached dwelling including integrated parking, basement extension and installation of a vehicle turntable at 24 Dudley Street Bondi is refused. (3) The exhibits are returned except for B, 1, 3 and 8. Catchwords: DEVELOPMENT APPEAL – dwelling – second driveway - on street parking – streetscape – verge garden – public interest – public benefit Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34AA Roads Act 1993, ss 6, 138 Environmental Planning and Assessment Regulation 2021, s 39 Waverley Local Environmental Plan 2012 Cases Cited: Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Australian Standards 2890.5:2020 Parking facilities On-street parking, April 2020 Waverley Development Control Plan 2022 Category: Principal judgment Parties: Bruce Steley (First Applicant) Michelle Steley (Second Applicant) Waverley City Council (Respondent) Representation: Counsel: A Hemmings (Applicants) J Ede (Solicitor) (Respondent)