Bernatovic v Waverley Council [2023] NSWLEC 1299

Bernatovic v Waverley Council [2023] NSWLEC 1299

The amended development application satisfies all applicable provisions of the Waverley Local Environmental Plan 2012 and relevant State Environmental Planning Policies. The Court is satisfied that the agreement between the parties resolves all relevant contentions and that the statutory prerequisites have been met; accordingly, the appeal is upheld and development consent granted.

Parties
Applicant: Mario Bernatovic; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
16 June 2023
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Residential Development, Development Consent, Conciliation Conference, Land Use Zoning, Floor Space Ratio, Building Height, Stormwater Management, Biodiversity, Coastal Hazards
Environmental Law Planning Law Residential Development Development Consent Conciliation Conference Land Use Zoning Floor Space Ratio Building Height +3 more

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Parties

Mario Bernatovic

Applicant

Waverley Council

Respondent

Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application for demolition and construction of a residential dwelling should be approved
  2. 2 Whether the amended proposal satisfies statutory requirements under relevant planning instruments and policies

Ratio Decidendi

The amended development application satisfies all applicable provisions of the Waverley Local Environmental Plan 2012 and relevant State Environmental Planning Policies. The Court is satisfied that the agreement between the parties resolves all relevant contentions and that the statutory prerequisites have been met; accordingly, the appeal is upheld and development consent granted.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application DA-212/2022, as amended, for demolition of existing structures and construction of a part two, part three storey residential dwelling, including integrated garage, swimming pool and associated landscaping at 11 Alexander Street, Tamarama, subject to...