ABD Holdings v Waverley Council [2012] NSWLEC 1279

Land and Environment Court New South Wales

Medium Neutral Citation: ABD Holdings v Waverley Council [2012] NSWLEC 1279 Hearing dates: 18 September 2012 Decision date: 10 October 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1) The appeal is upheld. 2) Development Application No DA-446/2011 dated 2 November 2008 in relation to the alteration of and addition to the existing basement to accommodate a car park for 6 cars including car lift is approved subject to the conditions constituting annexure "A" 3) Approval is granted pursuant to s 138 of the Roads Act 1993 (NSW) for construction of a new driveway on the unmade road reserve shown in the Waverley Local Environmental Plan 1996 and is to be carried out in accordance with the conditions approved in order 2 above. 4) Approval is granted pursuant to section 112 of Part 5 of the Environmental Planning and Assessment Act 1979 (NSW) for works in the area zoned 6(a) Open Space pursuant to the Waverley Local Environmental Plan 1996 and is to be carried out in accordance with the conditions approved in order 2 above. 5) The exhibits, other than exhibits 6 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: basement car park for residential flat building, pedestrian amenity and safety, impact on amenity of neighbouring residential flat building. Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Roads Act 1993 Cases Cited: Goldberg v Waverley Council [2007] NSWLEC 259 Category: Principal judgment Parties: ABD Holdings Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Mr N. Eastman (Barrister) (Applicant) Mr S. Patterson (Solicitor) (Respondent) Solicitors Gadens Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10233 of 2012