Nixon v Waverley Council [2019] NSWLEC 1653

Land and Environment Court New South Wales

Medium Neutral Citation: Nixon v Waverley Council [2019] NSWLEC 1653 Hearing dates: 25-26 November 2019 Date of orders: 30 January 2020 Decision date: 30 January 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to amend its plans. (2) The appeal is upheld. (3) The Applicant's development application DA-306/2018 is determined by the grant of consent, subject to the condition attached at Annexure A. (4) Exhibits are returned, except exhibits A, B and 1. Catchwords: DEVELOPMENT APPLICATION – Car space; semi-detached dwelling pair – symmetry of pair already disrupted – urban design –character ­– streetscape and visual impacts considered – application of s 4.15(3A) of the EP&A Act – Applicant's proposal achieves objects of controls with which it otherwise would not comply ­– consideration of precedent. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environment Plan 2012 Cases Cited: Finney and anor v Waverley Council [2015] NSWLEC 1527 Goldin & Anor v Minister for Transport Administering the Ports Corporation and Waterways Management Act 1995 [2002] NSWLEC 75 Segal and Another v Waverley Council [2005] NSWCA 310; 64 NSWLR 177 Texts Cited: Waverley Development Control Plan (Amendment 5) 2012 Category: Principal judgment Parties: Douglas Nixon (Applicant) Waverley Council (Respondent) Representation: Counsel: A Hemmings (Applicant) J Ede (Solicitor) (Respondent)