DD55 Pty Ltd v Waverley Council [2025] NSWLEC 1041

DD55 Pty Ltd v Waverley Council [2025] NSWLEC 1041

The proposal is acceptable on planning and environmental grounds because the design, siting, extent of excavation/fill, and landscaping have minimised and mitigated adverse impacts to the coastal environment, visual amenity, and potential aboriginal cultural heritage. Sufficient archaeological investigation was completed to permit approval, with further investigation managed by operational conditions of consent. Adverse impacts to public spaces and neighbours were considered reasonable. Strict numerical non-compliance did not warrant refusal where objectives were achieved.

Parties
Applicant: DD55 Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
28 January 2025
Procedural Posture
Class 1 Development Appeal / Final Merits Hearing and Orders
Outcome
Appeal upheld; development application granted consent subject to conditions.
Legal Topics
Development Application, Coastal Management, Aboriginal Heritage, Earthworks, Environmental Controls
Planning and Environment Development Application Coastal Management Aboriginal Heritage Earthworks Environmental Controls

Case Brief

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Parties

DD55 Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Merits Hearing and Orders

Legal Issues

  1. 1 Whether the proposed development will have unacceptable adverse impacts on the coastal environment area and coastal use area under the Resilience and Hazards SEPP
  2. 2 Whether the development will adversely affect aboriginal cultural heritage, practices and places
  3. 3 Whether excavation and fill are acceptable given local DCP controls and likely impacts

Ratio Decidendi

The proposal is acceptable on planning and environmental grounds because the design, siting, extent of excavation/fill, and landscaping have minimised and mitigated adverse impacts to the coastal environment, visual amenity, and potential aboriginal cultural heritage. Sufficient archaeological investigation was completed to permit approval, with further investigation managed by operational conditions of consent. Adverse impacts to public spaces and neighbours were considered reasonable. Strict numerical non-compliance did not warrant refusal where objectives were achieved.

Court Disposition

Appeal upheld; development application granted consent subject to conditions.

Orders

  • The appeal is upheld.
  • Development application No. DA-187/2024 for earthworks comprising both excavation and fill, a new two-storey dwelling over a basement, driveway, landscaping and stormwater infrastructure at 31 Gaerloch Avenue, Tamarama, is determined by the grant of consent, subject to conditions of consent at Annexure A.