Ware v Waverley Council [2012] NSWLEC 1343

Land and Environment Court New South Wales

Medium Neutral Citation: Ware v Waverley Council [2012] NSWLEC 1343 Hearing dates: 6 September 2012 Decision date: 06 September 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld, 2. The application under s 96 of the Environmental Planning and Assessment Act to modify development consent (DA 721/2009) is approved. The consent is modified as set out in Annexure A. 3. The exhibits, except exhibits 1 and A may be returned. Catchwords: DEVELOPMENT CONSENT - application to amend development consent to delete or change conditions. Height and impact of proposed glass balustrade on views. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 1996 Category: Principal judgment Parties: Merle Ware (Applicant)

Waverley Council (Respondent) Representation: Solicitors Mr R Bennett of Pikes and Verekers Lawyers (Applicant)

Mr S Patterson of Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10635 of 2012

Judgment This determination was given extemporaneously and has been edited prior to publication 1COMMISSIONER: This is an appeal against the refusal by Waverley Council (council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (EPA Act) to delete condition 21 and modify conditions 23 and 24 of a development consent (DA 244/2011) for alternations and additions at 16 Wallangra Road, Dover Heights (site).