Wainidiva Pty Ltd v Waverley Council (No 2) [2021] NSWLEC 1692

Wainidiva Pty Ltd v Waverley Council (No 2) [2021] NSWLEC 1692

Because the parties complied with the directions made in the principal judgment and filed agreed conditions of consent reflecting the Court's conclusions, the Court made final orders granting leave to rely on amended plans, upholding the height variation request and the appeal, and approving DA-426/2019 subject to conditions.

Jurisdiction
Australia
Judgment Date
29 November 2021
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Principal Judgment
Outcome
Appeal upheld; Development Application DA-426/2019 approved subject to conditions.
Legal Topics
['development Application' 'boarding House' 'height of Buildings Development Standard Variation' 'demolition of Existing Dwellings' 'heritage Conservation Area' 'character of the Local Area' 'conditions of Consent']
['planning and Environment Law'] ['development Application' 'boarding House' 'height of Buildings Development Standard Variation' 'demolition of Existing Dwellings' 'heritage Conservation Area' 'character of the Local Area' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Principal Judgment

Legal Issues

  1. 1 ["Whether the Applicant's written request to vary the height of buildings development standard was well founded." 'Whether the existing dwellings were contributory items.' 'Whether the existing dwellings could be demolished.' 'Whether the proposed development was compatible with the character of the local area.' 'Whether the proposed development was compatible with the character of the heritage conservation area.' 'Whether the design of the boarding house was acceptable.']

Ratio Decidendi

Because the parties complied with the directions made in the principal judgment and filed agreed conditions of consent reflecting the Court's conclusions, the Court made final orders granting leave to rely on amended plans, upholding the height variation request and the appeal, and approving DA-426/2019 subject to conditions.

Court Disposition

Appeal upheld; Development Application DA-426/2019 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on amended plans.' "The Applicant is pay the Respondent's costs thrown away, as agreed or assessed, pursuant to s 8.15(3) of the EP&A Act." "The Applicant's written request to vary the height of buildings development standard in cl 4.3 of Waverley Local Environmental Plan is...