Roth Architecture Workshop Pty Ltd v Waverley Council [2023] NSWLEC 1161

Roth Architecture Workshop Pty Ltd v Waverley Council [2023] NSWLEC 1161

The parties' agreement to grant consent to the amended development application, including a variation to the height standard, is upheld as the requirements of clause 4.6 of the Waverley Local Environmental Plan 2012 and s 34 of the Land and Environment Court Act 1979 are met, and the development is consistent with objectives and in the public interest.

Jurisdiction
Australia
Judgment Date
06 April 2023
Procedural Posture
Development Appeal / Judgment After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'variation of Development Standard' 'height Restriction' 'local Environmental Plan']
['planning Law' 'environmental Law'] ['development Application' 'variation of Development Standard' 'height Restriction' 'local Environmental Plan']

Case Brief

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Procedural Posture

Development Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted to convert a dual occupancy to a single residential dwelling with alterations and additions' 'Whether the variation to the building height development standard pursuant to clause 4.6 of the Waverley Local Environmental Plan 2012 should be upheld']

Ratio Decidendi

The parties' agreement to grant consent to the amended development application, including a variation to the height standard, is upheld as the requirements of clause 4.6 of the Waverley Local Environmental Plan 2012 and s 34 of the Land and Environment Court Act 1979 are met, and the development is consistent with objectives and in the public interest.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The clause 4.6 written request for variation to the height standard is upheld.' 'The appeal is upheld.' 'Development Consent is granted to Development Application DA 226/2022, subject to conditions.']