Landa-Wrublewski v Waverley Council [2019] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: Landa-Wrublewski v Waverley Council [2019] NSWLEC 1546 Hearing dates: Conciliation conference on 11 October 2019; 18 October 2019; 29 October 2019 Date of orders: 19 November 2019 Decision date: 19 November 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) 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 a sum as agreed or assessed. (3) The Applicant's written request under clause 4.6 of the Waverley Local Environmental Plan 2012 ("WLEP"), prepared by ABC Planning Pty Ltd dated October 2019 (contained at Annexure 'C'), seeking to justify the contravention of the height of buildings development standard in clause 4.3 of the WLEP is upheld. (4) The Applicant's written request under clause 4.6 of the WLEP, prepared by ABC Planning Pty Ltd dated October 2019 (contained at Annexure 'D'), seeking to justify the contravention of the floor space ratio development standard in clause 4.4 of the WLEP is upheld. (5) The appeal in respect of the property known as 21 Busby Parade, Bronte, is upheld. (6) Development Application DA-383/2018 for alterations and additions to a residential flat building, including an additional floor level, at 21 Busby Parade, 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 Waverley Local Environment Plan 2012 Category: Principal judgment Parties: Sara Landa-Wrublewski (First Applicant) Harry Max Wrublewski (Second Applicant) Waverley Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicants) J Ede (Solicitor) (Respondent)