Roumanous v Waverley Council [2019] NSWLEC 1323

Land and Environment Court New South Wales

Medium Neutral Citation: Roumanous v Waverley Council [2019] NSWLEC 1323 Hearing dates: Conciliation conference on 2, 3 and 5 July 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1(a) at Annexure 'A', subject to Plan No. DA-03 Rev C dated 2 July 2019 being setback further from "4780mm first floor setback" to 5000mm. (2) Leave is granted to the Applicant to amend Development Application DA-219/2018 to seek approval for the demolition of the existing semi-detached dwelling and construction of a part two, part three storey semi-detached dwelling, garage, landscaping and associated works at 9 Philip Street Bondi. (3) The appeal in respect of the property known as 9 Philip Street, Bondi, is upheld. (4) Development Application DA-219/2018 for demolition of the existing semi-detached dwelling and construction of a part two, part three storey semi-detached dwelling, garage, landscaping and associated works at 9 Philip Street Bondi is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – semi-detached dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: Norm Roumanous (Applicant) Waverley Council (Respondent) Representation: Solicitors: M Parrino, Project Lawyers (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/358220 Publication restriction: No