Stokes v Waverley Council (No 3) [2020] NSWLEC 1224

Land and Environment Court New South Wales

Medium Neutral Citation: Stokes v Waverley Council (No 3) [2020] NSWLEC 1224 Hearing dates: 26 March 2020 and 22 April 2020 Date of orders: 20 May 2020 Decision date: 20 May 2020 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) Leave is granted to rely on the amended cl 4.6 written request for variation of height, filed 22 April 2020. Leave is not granted to amend the DA to include strata subdivision. (2) The appeal is dismissed. (3) Development Application 404/2017 seeking alterations and additions to an approved five storey building for use as a dual occupancy, with additional excavation for a car stacker and sump, on Lot 43 DP 10771, also known as 21 Thompson Street, Tamarama is refused. (4) The exhibits are retained. Catchwords: DEVELOPMENT APPEAL – remitted matter – alterations and additions to approved dwelling that has commenced including change in use – exceedance of the height of building development standard – meaning of existing ground level – exceedance of the floor space ratio development standard – written requests seeking to justify the contravention of development standards – excavation – consent orders sought Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 (NSW) Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Interpretation Act 1987 Land and Environment Court Act 1979 Waverley Local Environment Plan 2012 Cases Cited: Australand Holdings Limited v Parramatta City Council (2003) 123 LGERA 411; [2003] NSWLEC 229 Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Rockdale Municipal Council v M & L Rizzi (Land and Environment Court (NSW), Bignold J, 10 May 1991, unrep) Stokes v Waverley Council [2019] NSWLEC 1137 Stokes v Waverley Council (No 2) [2019] NSWLEC 174 Texts Cited: Land and Environment Court of the New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Waverley Development Control Plan 2012 Amendment 5 Category: Principal judgment Parties: Stephanie Stokes (Applicant) Waverley Council (Respondent) Representation: Counsel: J Farrell (Applicant) M Hanna (Solicitor) (Respondent)