Burrell v Waverley Council [2024] NSWLEC 1032

Burrell v Waverley Council [2024] NSWLEC 1032

The Court was satisfied, based on the written request under cl 4.6 of the Waverley Local Environmental Plan 2012 and supporting evidence, that the proposed variation to the height standard was justified on environmental planning grounds, did not produce unacceptable amenity or character impacts, and that development consent should be granted subject to conditions, as agreed by the parties.

Jurisdiction
Australia
Judgment Date
01 February 2024
Procedural Posture
Appeal / Final Determination After S 34 Conciliation Conference
Outcome
Appeal upheld; development application approved with variations and conditions
Legal Topics
['development Application' 'variation of Development Standards' 'height Restriction' 'conciliation Conference' 'merit Appeal']
['planning Law' 'environmental Law'] ['development Application' 'variation of Development Standards' 'height Restriction' 'conciliation Conference' 'merit Appeal']

Case Brief

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Procedural Posture

Appeal / Final Determination After S 34 Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed development should be approved despite non-compliance with the height standard in cl 4.3 of Waverley Local Environmental Plan 2012' 'Whether the written request under cl 4.6 to vary the height development standard should be upheld' 'Whether the amended development application adequately addresses issues raised by residents and complies with relevant environmental planning controls']

Ratio Decidendi

The Court was satisfied, based on the written request under cl 4.6 of the Waverley Local Environmental Plan 2012 and supporting evidence, that the proposed variation to the height standard was justified on environmental planning grounds, did not produce unacceptable amenity or character impacts, and that development consent should be granted subject to conditions, as agreed by the parties.

Court Disposition

Appeal upheld; development application approved with variations and conditions

Orders

  • ['The applicant is directed to file the amendments to Development Application DA 57/2023 that arise from the s 34 conciliation conference within 7 days of these orders.' "The applicant's written request, dated 30 August 2023 and made pursuant to cl 4.6 of the Waverley Local Environmental Plan 2012, to vary the...