Wright v Waverley Council [2021] NSWLEC 1702

Wright v Waverley Council [2021] NSWLEC 1702

The Court is satisfied that the agreement between the parties is a decision the Court could properly make, all statutory preconditions have been met, and the applicant’s written request justifies the contravention of the floor space ratio standard. The appeal is upheld and development consent granted, subject to listed conditions.

Parties
Applicant: Helen Wright; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Demolition, Construction of Dual Occupancy Dwelling, Swimming Pool, Strata Subdivision, Amended Plans, Variation to Development Standards
Planning and Environment Law Development Application Demolition Construction of Dual Occupancy Dwelling Swimming Pool Strata Subdivision Amended Plans Variation to Development Standards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Helen Wright

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for demolition, construction of a two-storey dual occupancy, swimming pools, and strata subdivision at 84 Nancy Street, North Bondi
  2. 2 Whether a variation to the floor space ratio development standard under cl 4.6 of Waverley Local Environmental Plan 2012 should be upheld

Ratio Decidendi

The Court is satisfied that the agreement between the parties is a decision the Court could properly make, all statutory preconditions have been met, and the applicant’s written request justifies the contravention of the floor space ratio standard. The appeal is upheld and development consent granted, subject to listed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The written request made pursuant to cl 4.6 of Waverley Local Environmental Plan 2012 to justify the contravention of the floor space ratio development standard in cl 4.4A of LEP 2012 prepared by Darren Laybutt and dated filed on 17 November 2021 is upheld.
  • The appeal is upheld.