5 Tamarama Street Pty Ltd and MHN Design Union Pty Ltd v Waverley Council [2026] NSWLEC 1281
Before: Horton C · NSW Land and Environment Court
Summary
This appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) following the deemed refusal by Waverley Council of development application No DA-311/2025 seeking consent for two-semi detached dwellings with basement parking, car stackers, a swimming pool associated with landscape works at 5 and 5A Tamarama Street, Tamarama. On 7 May 2026, the Court arranged a conciliation conference between the parties in accordance with s 34(1) of the Land and Environme
Catchwords
DEVELOPMENT APPLICATION: semi-detached dwelling development in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application DA-311/2025 for the construction of two semi-detached dwellings with basement parking, car stackers, a swimming pool and associated landscape works at 5 and 5A Tamarama Street, Tamarama NSW 2026 is determined by the grant of consent subject to the conditions contained in Annexure ‘A’.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Waverley Local Environmental Plan 2012, cll 4.3, 4.4, 4.4A, 5.21, 6.1, 6.2, 6.15
Read the full judgment
Authoritative text on NSW Caselaw · ~13k words
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