Strata Plan 1160 v Waverley Council [2026] NSWLEC 1237
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by the owners of Strata Plan 1160 (the Applicant), against the deemed refusal of Modification Application DA-349/2013/D (the MA) by Waverley Council (the Respondent). The MA seeks to further modify Development Consent DA-349/2013 (the parent DA), which comprises extensions to a residential apartment building, attic level addition, balcony and terrace additions and consolidation of u
Catchwords
MODIFICATION APPLICATION – residential apartment development – agreement between the parties – orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Modification Application DA-349/2013/D and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) The appeal is upheld. (3) Development Consent DA-349/2013 is modified subject to the conditions of consent set out at Annexure A. (4) Development Consent DA-349/2013, as modified by the Court, is subject to the consolidated conditions of consent set out at Annexure B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 98, 100, 102, 113 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147, sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 2, 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Waverley Local Environmental Plan 2012, cl 2.3
Read the full judgment
Authoritative text on NSW Caselaw · ~11k words
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