Gill v Waverley Council [2020] NSWLEC 1552

Land and Environment Court New South Wales

Medium Neutral Citation: Gill v Waverley Council [2020] NSWLEC 1552 Hearing dates: 20 October 2020 Date of orders: 11 November 2020 Decision date: 11 November 2020 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The appeal is upheld. (2) Modification Application DA324/1995/A seeking installation of two aluminium louvered pergolas with associated landscaping in existing planter boxes on a terrace roof on level 9, on Lot 54 SP 57072, also known as 54/107 MacPherson Street, Bronte is approved subject to conditions as modified in Annexure A. (3) The exhibits are returned, except 3, 6, C, D and G, which are retained. Catchwords: MODIFICATION APPLICATION – pergolas on roof terrace with landscaping – substantially the same assessment – solar access assessment Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Ltd (No 3) [2015] NSWLEC 75 Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Moto Projects (No 2) Pty Limited v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 The Satellite Group (Ultimo) Pty Ltd v Sydney City Council [1998] NSWLEC 244 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (March 2020) Merriam-Webster Dictionary (online version) Waverley Development Control Plan 2012 (Amendment No. 6) Waverley Development Control Plan 2012 (Amendment No. 8) Category: Principal judgment Parties: Anthony Peter Gill (Applicant) Waverley Council (Respondent) Representation: Counsel: N Eastman (Applicant) C Rose (Solicitor) (Respondent)