Jacobs v Waverley Council [2019] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Jacobs v Waverley Council [2019] NSWLEC 1232 Hearing dates: 21 – 22 March 2019 Date of orders: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. DA 474/2017 for a secondary dwelling at 42 Bennett Street Bondi is refused. (3) The exhibits are returned with the exception of Exhibits 7, A and G. Catchwords: DEVELOPMENT APPLICATION – secondary dwelling – affordable rental accommodation – FSR breach – whether sufficient environmental planning grounds for contravention of development standard – whether and to what extent context compatibility an environmental planning ground Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy Affordable Rental Housing 2009 Waverley Local Environmental Plan 2012 Cases Cited: Arbib v Waverley Council [2018] NSWLEC 1475 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Initial Action Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1097 Category: Principal judgment Parties: Benny Jacobs (Applicant) Waverley Council (Respondent) Representation: Solicitors: A Whealy, Mills Oakley (Applicant) M Hanna, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/253518 Publication restriction: No