MacGregor v Waverley Council [2019] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: MacGregor v Waverley Council [2019] NSWLEC 1246 Hearing dates: Conciliation conference on 24 May 2019 Date of orders: 04 June 2019 Decision date: 04 June 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1(a)(i) at Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EP&A Act"), the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in the sum of $4,000 with 14 days of these orders. (3) The appeal in respect of the property known as 18 Leichhardt Street, Bronte, is upheld. (4) Development Application DA-457/2017 for alterations and additions to existing dwelling including first floor addition, internal alterations and new studio above garage at 18 Leichhardt Street, Bronte is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Emily MacGregor (First Applicant) Peter MacGregor (Second Applicant) Waverley Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicants) J Ede, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2018/288188 Publication restriction: No