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Class 1 — Merit appeal Waverley Council 08 September 2026

TLB Trading Pty Ltd v Waverley Council [2026] NSWLEC 1579

Before: Peatman AC · NSW Land and Environment Court

HeightDensity / Bulk & ScaleSetbacksHeritageCharacter / StreetscapeOvershadowing / SolarTraffic / ParkingConciliation / AgreementDemolitionSubdivisionStormwater / Drainage

Summary

MODIFICATION — Court judgment — residential unit block — visual impact and views — streetscape

Catchwords

MODIFICATION — Court judgment — residential unit block — visual impact and views — streetscape

Outcome

The Court orders that: (1) Modification Application DA-286/2018/B for various internal and external modifications to the approved residential flat building on Lot 22 in Deposited Plan 19254 known as 10 Marne Street Vaucluse is approved pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW) subject to Annexures A and B. (2) Development consent DA286/2018 granted by the Land and Environment Court of NSW on 28 November 2019 and as further modified by DA286/2018/A as approved on 30 November 2020, is modified in accordance with DA-286/2018/B and Annexure A. (3) Development consent DA2086/2018/A as modified by the Court is in DA2086/2018/B and Annexure B.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.17, 4.55, 4.56 Land and Environment Court Act 1979 (NSW), ss 17, 34   Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 113 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 147, 148, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 4 Waverley Local Environmental Plan 2012, cl 4.3

Read the full judgment

Authoritative text on NSW Caselaw · ~14k words

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