Qidwai v Waverley C [2005] NSWLEC 355

Land and Environment Court of New South Wales

CITATION : Qidwai v Waverley C [2005] NSWLEC 355

APPLICANT K A Qidwai

PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10945 of 2003 and 10310 of 2004

CORAM: Murrell C

Appeal :- Modification of a consent issued by the council for a residential flat building - streetscape - impact on adjoining properties. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan

DATES OF HEARING: 29/10/2004, 26/11/2004, 30/11/2004, 16/03/2005, 10/06/2005 EX TEMPORE JUDGMENT DATE : 06/10/2005

APPLICANT Mr I. Hemmings, barrister Instructed by Mr M. Mannone of Morgan Lewis

LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Newport, barrister Instructed by Mr G. Hartley of Staunton Beattie Solicitors

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

10 June 2005

10310 of 2004 K A Qidwai v Waverley Council

JUDGMENT 1 This is an extempore judgment for an appeal under s 96 of the Environmental Planning and Assessment Act against Waverley City Council's refusal of an application to modify a development consent issued by the council for a residential flat building.

2 While it has not influenced my decision in terms of my merits assessment of the development of the s 96 application before me the following provided by way of background. Council originally granted consent to the three level residential flat building for the property known as No. 127 Hall Street, Bondi Beach, and it transpires that a 'construction certificate' was subsequently issued that was not in accordance with the development application as approved by the council in terms of the relative levels. That is, the slabs for the basement car parking are significantly higher than that approved, approximately 1.05 m higher, and then the ground floor for the unit was approximately 1.34 m above that approved by the council.