Balvest Four Pty Ltd v Waverley Council [2020] NSWLEC 1530

Land and Environment Court New South Wales

Medium Neutral Citation: Balvest Four Pty Ltd v Waverley Council [2020] NSWLEC 1530 Hearing dates: Conciliation conference on 21 September 2020 and 14 October 2020 Date of orders: 03 November 2020 Decision date: 03 November 2020 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Leave is granted for the applicant to rely upon amended plans dated 29 September 2020 prepared by Raw Concept Designs and draft strata plan prepared by Philip D. Youdale referred to in Condition 1 of Annexure A. (3) Modification Application DA-48/2020/B (as amended on 29 September 2020) for alterations and additions to an existing residential flat building comprising six (6) units, storage facilities and communal open space, and strata subdivision in relation to the land contained in Lot 1 Deposited Plan 510442 known as 29 MacPherson Street Waverley NSW, is determined by the grant of consent subject to conditions, in accordance with Annexure A. Catchwords: MODIFICATION APPLICATION – refurbishment – alterations and additions to an existing residential flat building – jurisdictional preconditions to grant of consent – private open space and communal open space – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 55—Remediation of Land State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building & Sustainability Index: BASIX) 2004 Statement Environmental Planning Policy 65—Design Quality of Residential Flat Apartment Development Waverley Local Environmental Plan 2013 Texts Cited: Apartment Design Guide Waverley Council Notifications Policy Waverley Development Control Plan 2012 Category: Principal judgment Parties: Balvest Four Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: J Reid (Applicant) S Patterson (Solicitor) (Respondent)