McDonald v Waverley Council [2024] NSWLEC 1604

McDonald v Waverley Council [2024] NSWLEC 1604

The appeal is upheld and development consent is granted as the parties reached agreement at conciliation, the proposal satisfies applicable planning controls, statutory requirements, and all relevant matters have been considered. The Court is satisfied that it can properly make the orders by consent.

Parties
Applicant: Katherine McDonald; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
27 September 2024
Procedural Posture
Class 1 Appeal (development Application) / Final Determination After Conciliation
Outcome
Appeal upheld; Development consent granted subject to conditions
Legal Topics
Development Application, Alterations and Additions, Heritage, Floor Space Ratio, Height of Buildings, Conciliation Agreement
Planning Law Environmental Law Development Application Alterations and Additions Heritage Floor Space Ratio Height of Buildings Conciliation Agreement

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Katherine McDonald

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Final Determination After Conciliation

Legal Issues

  1. 1 Whether development application DA-289/2023 should be granted for alterations and additions including a first-floor addition to a semi-detached dwelling
  2. 2 Whether the relevant statutory and planning requirements are satisfied

Ratio Decidendi

The appeal is upheld and development consent is granted as the parties reached agreement at conciliation, the proposal satisfies applicable planning controls, statutory requirements, and all relevant matters have been considered. The Court is satisfied that it can properly make the orders by consent.

Court Disposition

Appeal upheld; Development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development application DA-289/2023 for alterations and additions to a semi-detached dwelling including a first-floor addition at 25 Gipps Street, Bronte is determined by the grant of consent subject to the conditions in Annexure A.