SRSJ Management Pty Ltd v Waverley Council [2010] NSWLEC 1015

Land and Environment Court of New South Wales

CITATION : SRSJ Management Pty Ltd v Waverley Council [2010] NSWLEC 1015

APPLICANT SRSJ Management Pty Ltd PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10551 of 2009

CORAM: Tuor C

DEVELOPMENT CONSENT :- amendments to approved residential flat building increase to size of basement and excavation KEY ISSUES: extent of deep soil and soft landscaping increase in external wall height changes to Voluntary Planning Agreement

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996

CASES CITED: SRSJ Management Pty Ltd v Waverley Council [2008] NSWLEC 1447

DATES OF HEARING: 26 November 2009

DATE OF JUDGMENT: 22 January 2010

APPLICANT Ms S Duggan, barrister instructed by Mr N Ferguson, solicitor LEGAL REPRESENTATIVES: of Gadens Lawyers

RESPONDENT Mr McElvey, solicitor of Sparke Helmore Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

22 January 2010

10551 of 2009 SRSJ Management Pty Ltd v Waverley Council

JUDGMENT 1 This is an application under s96(8) of the Environmental Planning and Assessment Act 1979 (the Act) to the Court to exercise the power under s96(2) of the Act to modify a development consent (317/2007) issued by the Court on 5 November 2008 in SRSJ Management Pty Ltd v Waverley Council [2008] NSWLEC 1447 (the development consent). Background 2 The development consent approved the demolition of an existing three storey residential flat building and the construction of a new four storey residential flat building with basement parking for three cars accessed by a car lift and strata subdivision at 34 Dellview Street, Tamarama (the site). 3 The s96(8) application (317/2007/B) was filed with the Court on 10 September 2009 (the application). It sought the following amendments as detailed in the Summary of Section 96 Changes prepared by Tony Owen and Partners (Summary) which accompanied the application: