Woniora Investments v Waverley Council (No 2) [2007] NSWLEC 562

Land and Environment Court of New South Wales

CITATION : Woniora Investments v Waverley Council (No 2) [2007] NSWLEC 562

APPLICANT Woniora Investments Pty Limited PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10403 of 2005

CORAM: Brown C

KEY ISSUES: Appeal :- modification application - reduction in rear setback - additional car parking spaces

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Pafburn v North Sydney Council (2005) NSWLEC 444

DATES OF HEARING: 6/08/07

DATE OF JUDGMENT: 7 August 2007

APPLICANT Mr G Green, solicitor SOLICITORS Pike Pike & Fenwick

LEGAL REPRESENTATIVES: RESPONDENT Mr M Staunton, barrister SOLICITORS Wilshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

7 August 2007

10403 of 2005 Woniora Investments Pty Limited v Waverley Council (No 2)

JUDGMENT

1 COMMISSIONER: This is an appeal against the deemed refusal of an application under s 96 of the Environmental Planning and Assessment Act 1979 to modify an approval granted by the Court, by consent, on 17 November 2005 for the demolition of an existing building and the erection

2 The modification application seeks two principle changes, being the reduced southern setback of the upper three levels by 2.505 m and the provision of an additional two car parking spaces with the basement car park to provide a total of 10spaces.