Shamieh v Waverley Council [2019] NSWLEC 1144

Land and Environment Court New South Wales

Medium Neutral Citation: Shamieh v Waverley Council [2019] NSWLEC 1144 Hearing dates: Conciliation conference on 7 & 8 February 2019; 5 & 14 March 2019; 3 April 2019 Date of orders: 03 April 2019 Decision date: 03 April 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: See orders at [22] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: Belinda Barbara Shamieh (Applicant) Waverley Council (Respondent) Representation: Counsel: T Hale SC (Applicant)

Solicitors: Madison Marcus Law Firm (Applicant)

S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/59531 Publication restriction: No

Judgment 1. COMMISSIONER: On 28 March 2017, Mrs Shamieh lodged Development Application No. 094/2017 with the Waverley Council seeking consent for the demolition of structures, earthworks and the construction of a multi storey dwelling at 20 Loombah Road, Dover Heights (the site). At that time pedestrian access was proposed from Loombah Road via a pedestrian bridge and footpath traversing an unconstructed section of Loombah Road reserve to access the entry of the dwelling at mezzanine level. Therefore, the development application included an application under s 138 of the Roads Act 1993 for a walkway from the dwelling to Loombah Road (the Development Application).