Bland v Waverley Council [2023] NSWLEC 1771

Bland v Waverley Council [2023] NSWLEC 1771

Development consent is granted because the amended application addresses all contentions, provides sufficient environmental planning grounds for variation to height standard, complies with floor space ratio, and the Court is satisfied no jurisdictional impediment exists.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Development Appeal / Final Judgment
Outcome
Appeal upheld. Development consent granted.
Legal Topics
['development Consent' 'alterations and Additions' 'conciliation Conference' 'height Standard Variation']
['planning Law'] ['development Consent' 'alterations and Additions' 'conciliation Conference' 'height Standard Variation']

Case Brief

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Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether development consent should be granted for alterations and additions including a new first floor addition.' 'Whether the proposed variation to the building height standard is justified.']

Ratio Decidendi

Development consent is granted because the amended application addresses all contentions, provides sufficient environmental planning grounds for variation to height standard, complies with floor space ratio, and the Court is satisfied no jurisdictional impediment exists.

Court Disposition

Appeal upheld. Development consent granted.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application No DA‑334/2022, as amended, for alterations and additions to the existing dwelling including a new first floor addition on land identified as Lot 4 in Deposited Plan 9638 and known as 100 Francis Street, Bondi Beach NSW 2026, subject...