Alco Electrics Pty Ltd v Waverley Council [2014] NSWLEC 1223

Land and Environment Court New South Wales

Medium Neutral Citation: Alco Electrics Pty Ltd v Waverley Council [2014] NSWLEC 1223 Hearing dates: 23 September 2014 Decision date: 14 October 2014 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld in part Catchwords: MODIFICATION: Condition of consent; Floor space ratio, rear setback Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Gann & Anor v Sutherland Shire Council [2008] NSWLEC 157 Category: Principal judgment Parties: Alco Electrics Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Applicant: Mr A Isaacs (Barrister) Respondent: Ms C Morton (Solicitor) Applicant: Boskovitz & Associates Respondent: Sparke Helmore File Number(s): 10523 of 2014

Judgment 1COMMISSIONER: The applicant appeals Waverley Council's deemed refusal of modification application DA-618/2011/B for an extension to the rear of the first floor dwelling of an approved dual occupancy at 86 Blair Street, North Bondi (the site). The purpose of the proposed extension is to create a third bedroom. 2The appeal, made under s 97AA of the Environmental Planning and Assessment Act 1979 (the EPA Act), commenced on site as a mandatory conciliation conference under s 34AA of the Land and Environment Court Act 1979 (the Court Act). 3At the commencement of the conciliation the parties and the Court heard from two nearby residents who had lodged written submissions opposing the proposal. Both objectors own properties to the rear of the site. One of the objectors made submissions on behalf of another neighbour who owns a property immediately adjoining the rear of the site. Their concerns are summarised as: * Loss of privacy/ overlooking of private open space and primary living areas * Visual impact - excessive bulk and scale * Overdevelopment of the site 4The site was viewed from the objectors' properties. The rear building alignment was noted on site. 5As there was no agreement between the parties, the conciliation was terminated and the matter proceeded to a hearing in accordance with s 34AA(2)(b)(i) of the Court Act.