31 Blenheim Street Pty Ltd v Waverley Council [2012] NSWLEC 1050

Land and Environment Court New South Wales

Medium Neutral Citation: 31 Blenheim Street Pty Ltd v Waverley Council [2012] NSWLEC 1050 Hearing dates: 5 March 2012 Decision date: 06 March 2012 Jurisdiction: Class 1 Before: Morris C Decision: Applicant to file and serve amended plans to reflect the findings contained within this judgment Catchwords: Development application: existing use; streetscape; solar access; amenity; height; setbacks; deferred commencement provisions requiring amendment of plans Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Waverley Local Environmental Plan 1996 Texts Cited: Waverley Development Control Plan 2010 Category: Principal judgment Parties: 31 Blenheim Street Pty Ltd (Applicant)

Waverley Council (Respondent) Representation: Mr G Green Pikes Lawyers (Applicant)

Mr C Morton Sparke Helmore Lawyers (Respondent) File Number(s): 11236 of 2011

Judgment 131 Blenheim Street Pty Ltd filed an appeal in December 2011 against the deemed refusal by Waverley Council of development application DA 40/2011 which proposed the construction of a new dwelling on land known as No 22 Isabella Street, Queens Park. Since that time, the Council has determined the application and issued a deferred commencement consent on 13 February 2012. It is the conditions, the subject of that deferred commencement consent, that now form the basis of the appeal. The majority of those conditions had been imposed to address the concerns of the owner of an adjoining property, No 24 Isabella Street and in particular concerns with regard to overshadowing and the bulk and scale of the proposed dwelling. 2As the Council's Statement of Facts and Contentions initially addressed the development application prior to its determination, a telephone mention was held on the 29 February to determine the extent of the applicant's case. The applicant was required to prepare a position paper by 4 pm 1 March 2012, and the planning experts, to prepare a joint report by 2 March 2012. The reports are now before the Court. 3The matter commenced on site as a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (the LEC Act). No agreement was reached and the conference was terminated. The parties agreed that the Court dispose of the proceedings on the basis of what has occurred at the conciliation conference under s 34AA(2)(b)(ii) of that Act.