Strata Plan 18915 v Waverley Council [2013] NSWLEC 1121

Land and Environment Court New South Wales

Medium Neutral Citation: Strata Plan 18915 v Waverley Council [2013] NSWLEC 1121 Hearing dates: 21, 25 May 2013 and 17 June 2013 Decision date: 17 June 2013 Jurisdiction: Class 1 Before: Dixon C Decision: 1.The appeal is upheld. 2. Development consent is granted for the demolition of an existing residential flat building and the construction of a residential flat building containing 4 apartments with basement car parking and strata subdivision in accordance with DA 161/2011 as amended by exhibit D deferred commencement condition and plan dated 21 May 2013 job 4353; 3. The council is directed to file, within seven days, conditions of consent which reflect my reasons for judgment; 4. The exhibits are to be returned upon written publication of this judgment. Catchwords: APPEAL - development consent for the construction of a new residential flat building - impact on views - bulk and scale within the streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Development Control Plan 2010 Waverley Environmental Plan 1996 Category: Principal judgment Parties: Strata Plan 18915 (Applicant)

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

Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 11155 of 2012

Ex Tempore Judgment 1COMMISSIONER: This appeal, pursuant to s97 of the Environmental Planning and Assessment Act 1979 (the Act), is against the refusal by Waverley Council of the applicants' development application (DA -161/2011). It concerns the development of a residential flat building at 5 Kenneth Street, Tamarama. 2The proposal is outlined in amended plans .The applicants maintain the amendments to the design address the contentions identified in the Council's statement of facts and contentions filed on 13 January 2013 (exhibit 3). 3Before I deal with the merits of the amended application it is necessary to set out the events concerning the evidence of Ms James, who is a joint owner of the adjoining unit at 3/7 Kenneth Street.