Shrimpton v Waverley Council [2023] NSWLEC 1685

Shrimpton v Waverley Council [2023] NSWLEC 1685

As the parties agreed to an amended proposal that complies with relevant statutory and planning requirements, and the Court is satisfied this is a decision it could have made, the consent is granted subject to conditions.

Parties
Applicant: Marc Shrimpton; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
15 November 2023
Procedural Posture
Class 1 Development Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Conciliation Conference, Appeal, Residential Development
Planning and Environment Law Development Application Conciliation Conference Appeal Residential Development

Case Brief

Summary, issues, holding and outcome

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Parties

Marc Shrimpton

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a new dwelling, basement car parking, solar panels, swimming pool, and tree removal at 3 Calga Avenue, Bronte
  2. 2 Whether the Amended Development Application complies with local and state statutory requirements

Ratio Decidendi

As the parties agreed to an amended proposal that complies with relevant statutory and planning requirements, and the Court is satisfied this is a decision it could have made, the consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application DA-411/2022, as amended, is granted consent subject to conditions contained in Annexure A.