Nicola v Waverley Council [2020] NSWLEC 1599

Land and Environment Court New South Wales

Medium Neutral Citation: Nicola v Waverley Council [2020] NSWLEC 1599 Hearing dates: Conciliation conference on 30 July 2020; Hearing on 30 and 31 July 2020 Date of orders: 4 December 2020 Decision date: 04 December 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) Leave is granted to rely on the Amended Plans in Exhibit A and as described in the conditions in Annexure A. (2) The appeal is upheld. (3) Development Consent is granted to Development Application DA-513/2017/B at 27 Princess Street, Rose Bay for internal alterations to room layouts, the addition of a new stair access with glass enclosure to the roof level and a new 15m2 rooftop terrace with glass balustrade, subject to the agreed conditions in Annexure A. (4) The exhibits, with the exception of Exhibits A and 6 are returned. Catchwords: DEVELOPMENT APPLICATION – dwelling house – clause 4.6 variation to building height – calculation of ground level (existing) – view impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Cases Cited: Bettar v City of Sydney [2014] NSWLEC 1070 Chami v Lane Cove Council [2015] NSWLEC 1003 Connoisseur Investments Pty Ltd v Sutherland Shire Council ([2020]) NSWLEC 1181 Stamford Property Services Pty Ltd v City of Sydney [2015] NSWLEC 1189 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Waverley Development Control Plan 2012 Category: Principal judgment Parties: George Nicola (First Applicant) Miriam Nicola (Second Applicant) Waverley Council (Respondent) Representation: Counsel: A Pickles SC (Applicants) M Hanna (Solicitor) (Respondent)