Misho & Associates Pty Ltd v Waverley Council [2005] NSWLEC 93

Land and Environment Court of New South Wales

CITATION : Misho & Associates Pty Ltd v Waverley Council [2005] NSWLEC 93

APPLICANT Misho & Associates Pty Ltd

PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 11511 of 2004

CORAM: Hussey C

Development Application :- Section 96 modification - proposed basement - laundry - increased FSR - impact on views KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Development Control Plan No. 21 - Dwelling House Development

Tenacity Consulting v Warringah Council [2004] NSWLEC 140; CASES CITED: PDP (Darlinghurst Apartments) Pty Ltd v City of Sydney Council [2005] NSWLEC 14

DATES OF HEARING: 03 & 04/03/2005 EX TEMPORE JUDGMENT DATE : 03/04/2005

APPLICANT Mr A Whealy, solicitor SOLICITOR Pricewaterhousecoopers Legal LEGAL REPRESENTATIVES: RESPONDENT Mr S Brockwell, barrister SOLICITORS Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

4 March 2005 11511 of 2004 Misho & Associates Pty Ltd v Waverley Council

JUDGMENT

1 This appeal is against the council's refusal of s 96 modification application for a residence at 502 Bronte Road, Bronte. The residence is under construction and the modifications include a number of minor detailing items together with the following more substantive ones: i) The creation of a basement laundry, with drying/storage area. This opportunity has arisen due to the finalisation of the foundation detailing required for structural support for the dwelling on this site. It adds approximately 30 sq m of floor space to the development.