NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Moses v Waverley Council [2009] NSWLEC 1369
APPLICANT Michael Moses PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10472 of 2009
CORAM: Bly C
KEY ISSUES: DEVELOPMENT APPLICATION :- Studio apartments in mixed use building, bulk and scale, visual impact, consent orders amended plans.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 State Environmental Planning Policy 65
DATES OF HEARING: 21 October 2009 and 6 November 2009 (amended plans)
DATE OF JUDGMENT: 13 November 2009
APPLICANT Mr P Clay (barrister) SOLICITOR Surry Partners LEGAL REPRESENTATIVES:
RESPONDENT Mr M Staunton (barrister) SOLICITOR Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
12 November 2009
10472 of 2009 Michael Moses v Waverley Council
JUDGMENT 1 This appeal relates to a development application (DA265/2009) for two additional studio apartments on the rooftop of the mixed-use building at 181 Glenayr Avenue, Bondi Beach. These proposed apartments are in addition to seven similar, approved rooftop apartments that have not yet been constructed (DA464/2006).
2 The existing building is three storeys in height and contains retail/commercial tenants at the ground floor level and 24 serviced apartments at first and second floor levels. It extends to all four boundaries of the site.
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