Icon Building Services v Waverley Council [2007] NSWLEC 295

Land and Environment Court of New South Wales

CITATION : Icon Building Services v Waverley Council [2007] NSWLEC 295

APPLICANT Icon Building Services PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10081 of 2007

CORAM: Moore C

Development Consent :- KEY ISSUES: Modification application Off-street parking

CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373; Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472

DATES OF HEARING: 23 May 2007

EX TEMPORE JUDGMENT DATE : 23 May 2007

APPLICANT Mr G McKee, solicitor McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

23 May 2007

07/10081 Icon Building Group v Waverley Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The consequence of the Court's decision in this appeal is the modification of the conditions of a development consent. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1. COMMISSIONER: This is an appeal of pursuant to s 96 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Waverley Council (the Council) on 21 August 2006 of an application to modify Development Consent DA-497/2005 for additions and alterations to 29 Anglesea Street, Bondi (the site).