Chamberlain v Waverley Council [2020] NSWLEC 1036

Land and Environment Court New South Wales

Medium Neutral Citation: Chamberlain v Waverley Council [2020] NSWLEC 1036 Hearing dates: Conciliation conference on 11 November 2019 Date of orders: 24 January 2020 Decision date: 24 January 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) Leave is granted to the applicants to amend the development application and rely on the amended plans listed in condition 1(a) of Annexure A. (2) The appeal is upheld. (3) Development Application No. 143/2018 for the demolition of an existing dwelling and construction of two semi-detached dwellings with associated Strata subdivision at 1 Marroo Street, Bronte, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders – exceedance of the floor space ratio development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 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: Jonathan Chamberlain (First Applicant) Katherine Young (Second Applicant) Waverley Council (Respondent) Representation: Counsel: N Eastman (Applicants) S Patterson (Solicitor) (Respondent)