Stokes v Waverley Council [2019] NSWLEC 1137

Land and Environment Court New South Wales

Medium Neutral Citation: Stokes v Waverley Council [2019] NSWLEC 1137 Hearing dates: 18 – 19 February 2019 and 5 March 2019 Date of orders: 03 April 2019 Decision date: 03 April 2019 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The appeal is dismissed. (2) Development Application 404/2017 seeking alterations and additions to an approved five storey building for use as a dual occupancy, with additional excavation, on Lot 43 DP 10771, also known as 21 Thompson Street, Tamarama is refused. (3) The exhibits, except for Exhibits 1, 2 and K are returned. Catchwords: DEVELOPMENT APPLICATION: owners consent; existing works on adjoining land; dual occupancy; breach in FSR and height standards; excessive excavation; structural integrity; non-compliance with FSR and height. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Waverley Local Environment Plan 2012 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Texts Cited: Waverley Development Control Plan 2012 Amendment 5 Category: Principal judgment Parties: Stephanie Stokes (Applicant) Waverley Council (Respondent) Representation: Counsel: C Leggat (Applicant)