Alco Electrics Pty Ltd v Waverley Municipal Council [2015] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: Alco Electrics Pty Ltd v Waverley Municipal Council [2015] NSWLEC 1034 Hearing dates: 23 February 2015 Date of orders: 03 March 2015 Decision date: 03 March 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: Conversion of a garage to a bedroom; Floor Space Ratio; Amenity; parking Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Category: Principal judgment Parties: Alco Electrics Pty Ltd (Applicant) Waverley Municipal Council (Respondent) Representation: Counsel: Applicant: Mr G Boskovitz (Solicitor) Respondent: Ms C Morton (Solicitor)

Solicitors: Applicant: Boskovitz & Associates Solicitors Respondent: Sparke Helmore File Number(s): 11104 of 2014

Judgment 1. COMMISSIONER: The applicant appeals Waverley Council's deemed refusal of Development Application DA-482/2014 for the conversion of a single garage into a bedroom and construction of a first floor balcony extension at 34 Imperial Avenue, Bondi (the site). 2. During the course of writing this judgment I noted that the applicant, who was self-represented at the time, lodged the Class 1 application with the Court in December 2014. The appeal is described as having been made under s 97AA of the Environmental Planning and Assessment Act 1979 (the Act) which relates to appeals against modification applications made under s 96 or s 96AA of the Act. However, the documentation attached to the Class 1 application and the council's Statement of Facts and Contentions shows that the Development Application the subject of this appeal is a new development application made under s 78A of the Act and therefore any appeal must be made under s 97 of the Act. 3. I have amended the document pursuant s 64(1(a) of the Civil Procedure Act 2005 to reflect accurately the nature of the proceedings. Nothing of substance turns on me making this adjustment and I have not referred this matter back to the parties to discuss it with them. 4. The matter commenced on site as a mandatory conciliation conference under s 34AA of the Land and Environment Court Act 1979 (the Court Act) however, as the issues between the parties were not fully agreed, the conciliation was terminated and the matter proceeded immediately to a hearing.