Da Cunha v Waverley Council [2024] NSWLEC 1312

Da Cunha v Waverley Council [2024] NSWLEC 1312

The appeal is upheld and development consent is granted, as the Court is satisfied that the proposed development’s breach of the height standard is justified on environmental planning grounds, compliance with objectives is maintained, the public interest is served, and all jurisdictional and procedural requirements are met. The decision is made pursuant to an agreement reached at conciliation, consistent with statutory powers and requirements.

Parties
Applicant: Filipe Da Cunha; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
11 June 2024
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Variation of Development Standard, Building Height, Conciliation Conference, Consent Orders
Planning and Environment Development Application Variation of Development Standard Building Height Conciliation Conference Consent Orders

Case Brief

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Parties

Filipe Da Cunha

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for the amended application notwithstanding the breach of height development standard under clause 4.3 of the Waverley Local Environmental Plan 2012
  2. 2 Whether the written request under clause 4.6 provides sufficient grounds for the variation
  3. 3 Compliance with environmental planning instruments and relevant statutory provisions

Ratio Decidendi

The appeal is upheld and development consent is granted, as the Court is satisfied that the proposed development’s breach of the height standard is justified on environmental planning grounds, compliance with objectives is maintained, the public interest is served, and all jurisdictional and procedural requirements are met. The decision is made pursuant to an agreement reached at conciliation, consistent with statutory powers and requirements.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • The Applicant's amended written request under clause 4.6 of the Waverley Local Environmental Plan 2012, seeking a variation of the building height development standard, is upheld.