NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Goldberg v Waverley Council [2017] NSWLEC 1613 Hearing dates: 30 & 31 August, 28 September 2017 Date of orders: 07 November 2017 Decision date: 07 November 2017 Jurisdiction: Class 1 Before: Maston AC Decision: The Court makes the following orders:
(1) The Applicant is granted leave to rely on the following amended plans:
(a) DA_100 Amendment No 2 dated 30 August 2017; (b) DA_101 Amendment No 2 dated 30 August 2017; (c) DA_102 Amendment No 2 dated 31 August 2017; (d) DA_103 Amendment No 2 dated 31 August 2017; (e) DA_3.00 Amendment No 2 dated 29 August 2017; (f) DA_3.01 Amendment No 2 dated 31 August 2017; (g) 0.04 Amendment No 2 dated 30 August 2017; (h) 0.03 Amendment No 2 dated 31 August 2017; (i) Solar access plan 0.01 dated 04.09.2017; (j) Solar access plan 0.02 dated 01.09.2017; and (k) Detail and Level Survey and Boundary Dimensions by Title dated 31 July 2017.
(2) The Applicant is to pay the Respondent's costs in respect of the amended plans pursuant to s 97B of the Environmental Planning and Assessment Act 1979, in the agreed sum of $10,000 within 28 days.
(3) The appeal is upheld.
(4) The Applicant's variation application under clause 4.6 of the Waverley Local Environmental Plan 2012 in relation to the floor space ratio standard under clause 4.4 of the LEP is upheld.
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