Bouchard v Waverley Council [2019] NSWLEC 1449

Land and Environment Court New South Wales

Medium Neutral Citation: Bouchard v Waverley Council [2019] NSWLEC 1449 Hearing dates: 12-13 September 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 422/2018 for an additional level to an approved but not yet constructed two storey dwelling and studio, at 6 Ashley Street, Tamarama, is refused. (3) The exhibits, other than Exhibits 1, 3, A, E and F, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions including an additional level to a development for which consent has been granted but has not yet been constructed – exceedance of the height of buildings development standard – exceedance of the floor space ratio development standard – written requests seeking to justify the contravention of development standards have not demonstrated that compliance with the development standards is unreasonable or unnecessary to justify the contravention. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 1996 Waverley Local Environmental Plan 2012 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Bouchard v Waverley Council [2016] NSWLEC 1529 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Pty Ltd (2016) 225 LGERA 94; [2016] NSWLEC 7 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Waverley Development Control Plan 2012 Category: Principal judgment Parties: Justine Bouchard (Applicant) Waverley Council (Respondent) Representation: Counsel: N Eastman (Applicant) S Patterson (Solicitor) (Respondent)